SHIV BACHAN YADAV & ORS Vs. STATE OF U P
LAWS(ALL)-2018-5-81
HIGH COURT OF ALLAHABAD
Decided on May 08,2018

Shiv Bachan Yadav And Ors Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Attau Rahman Masoodi, J. - (1.) Writ Petition No. 13034 (MS) of 2018 is a second petition filed under Article 227 of the Constitution of India for a relief in respect whereof the previous petition filed before this Court registered as W.P. No. 23586(M/S) of 2017 was dismissed as not pressed in terms of the following orders:- "A perusal of order-sheet shows that the case has been consistently adjourned on account of the fact that the lawyers are abstaining from work. There is no good ground to expedite the hearing of the case. At this stage, learned counsel for the petitioners states that the petition be dismissed as not pressed. Dismissed accordingly."
(2.) The other two petitions have also come to be filed for the same cause. The order sheets of the cases sought to be decided with expedition clearly show that the pendency is reflected either on account of lawyers going on strike or due to non-availability of court. A lawyer may seek adjournment on the ground of illness or any other personal difficulty but adjournments sought on the ground of strike cannot be a routine practice observed by the members of the Bar who owe a responsibility to the system as well as duty to their clients whom they represent under a contractual obligation unless shown pro bono. The Court has no hesitation to observe that the responsibility and duty resting on the bar is paramount and the professional ethics on that account cannot be allowed to be compromised. Impeding the cause of justice due to unforeseen situations for which strike may not be a permissible solution is nevertheless resorted to by the members of the bar and their representatives which must be discouraged by the institution, otherwise justice delivery system is bound to fail and the faith of people for whom the bench and bar exist would become meaningless.
(3.) This Court has noticed time and again that adjournments are invariably granted by civil and revenue courts on the ground of strike or non-availability of court. This is an unhealthy state of affairs which has to be checked.;


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