In a firm stance, the Allahabad High Court has emphasized that access to justice cannot be compromised due to strikes by lawyers. Justice Ajit Kumar, while presiding over a matter on December 6, asserted that judicial officers must discharge their duties and provide remedies to litigants, even if it necessitates police protection.
“Even if there is a strike by lawyers, the judicial officers must discharge their judicial function and if litigants want to argue their cases, the district administration in consultation with the District Judge must provide police protection. No one can be rendered remedy-less for lawyers sitting on strike,” the Court observed.
The Bench further urged lawyers to uphold their professional integrity and avoid obstructing litigants from seeking justice during such strikes.
“No lawyer can restrain a judicial officer from discharging judicial function nor, lawyers can restrain any litigant from entering the courts of law. Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts in district judgeship for justice,” the Court stated.
This directive arose in response to a tenancy dispute where the petitioner sought relief from the High Court, citing the inability to approach the district court in Ghaziabad due to an ongoing lawyers’ strike. Expressing concern over such disruptions, the Court noted that litigants are being forced to bypass statutory remedies and approach higher courts unnecessarily.
“I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedy available and are compelled to apply to this Court only for the reason that there is strike by the lawyers in the concerned district,” the Court remarked.
The Court issued clear instructions to ensure that the litigant could pursue their case at the district court without hindrance. It directed the district administration to assist litigants in filing their cases and mandated judicial officers to act on such matters promptly, even amidst a strike.
“In the event petitioner prefers statutory appeal before the Rent Tribunal which is presided over by a judicial officer of the judgeship concerned, within a period of two weeks from today and in the event any such appeal along with stay application is filed, the learned judicial officer/presiding judge of the Tribunal would be passing orders upon the stay application filed along with the appeal even if the strike of lawyers continues. The proper order shall be passed within a period of one week of presentation of appeal along with the stay application,” the Court ordered.
