Responsibility of Senior Advocates - P & H Bar Assocaition

Everybody knows that the Bar Association of Punjab and Haryana High Court passed a resolution recently condemning the Chief Justice of India, Justice KG Balakrishnan and the former Attorney General of India Mr.Milon Benerjee for giving a clean chit to the controversial High Court Judge, Justice Nirmal Yadav in the cash-in-bag scam.

I personally believe in the ability of the privileged personalities in the Bar. If the Bar takes an active role, then, it can do anything and bring far reaching changes. Some of the Senior Advocates of the Bar are so powerful, very knowledgeable and very courageous.

Unfortunately, Bar Associations in India are not doing what they ought to do. The Bar Associations should be concerned at the standards in the bar, should guide the future advocates or future generation, should work towards upholding the dignity of profession and judiciary and finally should serve the public at large. But, barring few occasions in the recent past, our Bar Associations and the Senior Advocates of the Bar remain as silent spectators at all the unwanted happenings in the profession and also the Judiciary. Barring very few, Bar Associations have failed to discharge their basic responsibility towards the young advocates, towards the profession and towards the Judiciary.

If Bar is active and concentrates on its responsibilities, then, we should have built a strong judiciary with highest dignity and integrity.

But, the privileged section of the Bar throughout India appears to have bothered only at their personal interests and maintaining good relation with the Judiciary.

The privileged section of the Bar or truly Senior Advocates of the Bar, are solely responsible for the present state of affairs in the Judiciary.

People are laughing at your judicial system and majority of the public have already lost their hope in judiciary.

We have seen advocates like Shri H.M.Seervai raising his voice even against the sitting judge when he was leading the Bombay Bar.

Judicial system in India has completely collapsed and we need to rebuild the same as otherwise there will not be any meaning for our Constitution of India and our democratic set-up.

Legal profession has given so many intellectuals to this Country and legal profession has an indispensable role in the development of this nation.

Nobody questions the abilities of our Home Minister Shri Chidambaram and his style of functioning as Home Minister. He has done an excellent job and doing. We are looking at the standards being maintained by Shri Arun Jaitley playing a responsible role in the opposition. Truly Senior Advocates possess extraordinary ability, qualities and principles. Because, they study Constitution, Human Rights, Corporate Law, Labour Law, Technology Law, Administrative Law, Criminal Law, Human Psychology and many issues.

I am beyond doubt that if our truly qualified Senior Advocates think about their profession and reforms, think about this nation and the needed changes, then, we can see far reaching changes in the system and it ultimately leads to growth.

But, many Bar Associations appears to have been sleeping now and they are not doing anything. There tend to be powerful lobby and in many occasions, president is elected unanimously without even ascertaining as to whether such a person is interested in working towards the objects of the Association. If one can not concentrate on the objects of the Bar Association, then, he should not be President of the Bar or lead the bar just for reputation and respect.

All my respect to the Punjab and Haryana Bar Association in discharging their basic responsibility and expressing their opinion frankly.  I don’t think that Punjab and Haryana Bar Association is acting foolishly by passing a resolution against our Chief Justice of India and the Attorney General. The Bar consists of many intellectuals and when they point out something exceptionally, then, there tend to be some basis behind that.

Executive is not in a position to bring reforms in Judiciary as the Judiciary will retaliate and we have seen those instances.

We have seen some good agitations carried out by Advocate Associations. Madras High Court Advocates Association (MHAA) has fought against the then Chief Justice Subhashan Reddy, Bangalore Bar has been fighting against their Chief Justice Dhinakaran and the present initiative of Punjab and Haryana Bar Association stands tall among all.

Atleast now our Senior Advocates should open their eyes and should think about their basic responsibility to the future generation advocates and the dignity of the institution.

I am sure that if Bar has a voice everywhere and the Judiciary will be under control if Bar is active. Bar should be active in upholding the dignity of the profession and judiciary, but, not in making lobbies and getting favorable orders.

All my respect for the Punjab and Haryana Bar Association and I hope that the other Bar Associations in India will atleast think now at their basic responsibilities.