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चैत्र कृष्ण पक्ष, गुरूवार, तृतीया, संकट निवारण चर्तुथी

News

SC Raps J&K Bar For Obstructing Legal Process, Serves Summons


Date:- 14 Apr 2018


The Supreme Court on Friday took suo motu notice of reports that some lawyers obstructed the judicial process in the Kathua gangrape and murder case, and criticised the Jammu High Court Bar Association, which had passed a resolution not to attend the courts, saying “it is the duty of the bar association as a collective body and they cannot obstruct the process of law”.

A Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud took strong objection to the conduct of the lawyers and directed office-bearers of the lawyers’ bodies in the State — State Bar Council, High Court Bar Association of J&K and Kathua District Bar Association — to be served notices for appearing before the court on April 19.

The J&K Government informed the Bench that the chargesheet was filed and a separate criminal case registered against those obstructing the policemen from filing chargesheet in Kathua court.

The top court initiated the case after some lawyers brought to its notice that the members of the Kathua District Court

Bar Association in Jammu & Kashmir are obstructing a lawyer, who is appearing on behalf of the family of the victim in the court. Advocates PV Dinesh, Shobha and Gopal Shankarnaraynan told the court that a lawyer appearing for the victim’s family was being threatened and the obstruction has support of High Court Bar Association

Taking the application on record, the Bench sought assistance of Bar Council of India and the State Government on the next date of hearing.

The Bench said, “In our considered opinion, no lawyer can prevent the advocates representing the accused or victim’s family in the case.”

Reprimanding the conduct of the lawyers of the district court and High Court who participated in creating obstruction or joined the protest by striking work, the Bench observed, “Obstruction of process of law and delivery of justice, and that too by lawyers cannot be condoned and is unethical. Access to justice cannot be impeded by lawyers.”

Courtesy: The Pioneer, Saturday, 14 April 2018 | PNS | New Delhi