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JasRaj Rajawat ( Advocate)     14 July 2014

Boy-cott by advocates paralysied judicial work in jaipur

 On lawyers Boy- cott of  judicial work  in jaipur   judicial officers taken strong view yesterday in his meeting  of general assembly.

It was inevitable  for bench to take  strong decision in view of the excessive boy- cott and strike by advocates in last three years which crumble down the justice delivery system in Rajasthan and Bar council is not playing any constructive role to bring reforms to control their Bar association . both bar and Bench  associations are highlighting  defects of each other.

Bar and Bench both have weakness in their organizations and reality is this no one wants to introspect seriously. I do not say that judiciary  has no weakness , there are lot of dirt below their carpet and they try to clean them. As our Ganga become polluted and Modi government  has established a separate ministry to clean Ganga ,similarly there is strong need for judiciary and advocates community to launch plan for cleaning the justice delivery system which has become more polluted than our holy Ganga so that again we can upheld the dignity of profession and judicial system.

I support the demand of judicial offices that courts should de de centralized in jaipur for  efficient functioning of system  but I am not in support of providing security for status . there are other officers in system which are more important , they may all demand security which is not possible for any state. On the contrary I also support  that judiciary should be corruption free, restriction on practice of uncle judges, misuse of budget in the name of legal aid, Lok  adalat, and reappoint ment after retirement  are the area where judiciary need attention for regaining the dignity of institution.

In 2012 in jaipur, advocates  remained on strike for 40 days, in 2013 it increases upto 57 days and in 2014 till june  it crossed 30 days. Thus ever year bar association  are minimizing working days and Bar councils seems helpless in controlling it. The Bar Council of India and the State Bar Councils must play their part and lend their support to put the criminal system back on its trail otherwise we will not be able to collapse the justice delivery system in India.

The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honorable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the Court. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behavior. It must not be forgotten that the legal profession has always been held in high esteem and its members have played an enviable role in public life. The regard for the legal and judicial systems in this country is in no small measure due to the tireless role played by the stalwarts in the profession to strengthen them. They took their profession seriously and practice it with dignity, deference and devotion. If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible."

 

Either in the name of a strike or otherwise, no lawyer has any right to obstruct or prevent another lawyer from discharging his professional duty of appearing in Court. If anyone does it, he commits a criminal offence and interferes with the administration of justice and commits contempt of Court and he is liable to be proceeded against on all these counts. In  view  of the above present strike by lawyers is illegal and unethical. Whatever might have been the compelling circumstances earlier, now there is absolutely no justification for the continuance of the strike in view of  other component of system has compelled to oppose it.



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