3 days Ago
Prayagraj: The Allahabad high court has said that only the resolutions passed by the executive body of the High Court Bar Association will be acknowledged by the court and any request raised by a single office-bearer will not be accepted. A single bench of Justice Ajit Kumar gave this observation while expressing its displeasure over a letter circulated by the High Court Bar Association (HCBA) requesting the court to not pass any ‘adverse orders' in the absence of lawyers who were abstaining from work. The bench said a letter written by any Bar Association official, at the instance of a few lawyers, cannot be considered as the ‘general view' of the Bar.
It further said that such acts put the court's functioning on hold without considering the importance of public time and public money. The bench gave this observation while hearing a revision filed by one Hazi Tahseen Khan on Nov 7. "It is expected that in future whenever the Bar Association wants such letters to be circulated to the high court seeking no adverse orders, it is always supported by resolution to be adopted by the Bar Association in general and in exceptional circumstances by its executive body," the bench said.
In the present case, on Nov 7, the petitioner insisted for hearing in this case as the respondent was repeatedly absent. However, the bench secretary placed a letter head of office-bearers of HCBA bearing a signature of the honorary secretary of Bar Association, Vikrant Pandey, requesting for "no adverse order on Nov 6, 7 and 8, 2024". Thereafter, the court asked the HCBA to show whether any such resolution was adopted by it or its executive body for general circulation for the high court.
In response, neither HCBA president nor secretary appeared before the court. HCBA senior vice-president Rajesh Khare appeared before the court but could not present any document to show any such resolution had been passed. Taking a serious note of it, Justice Ajit Kumar said that lawyers should seek adjournments only in "compelling and unavoidable circumstances".
The individual request for adjournment can be made in such situations and the court may certainly consider such requests, he added. "The convenience of Bar Association in any pressing or any unavoidable circumstances are always respected so as to entertain request for no adverse orders, but for that Bar Association or its executive body is expected to pass resolution..
.the Bar is, therefore, expected to cooperate in the routine functioning of the court and to ensure that administration of justice is not adversely affected otherwise the justice delivery system would crumble," the bench said. However, in the interest of justice, the court adjourned the matter with the condition that on the next date, no further adjournment will be granted to the respondent.
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