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BCI requests coordination committee to recall advocates' strike from Monday
New Delhi, The Bar Council of India on Saturday requested the coordination committees of all district bar associations of Delhi district courts to recall or defer the lawyers strike beginning from September 8.
Earlier on Thursday, the committee had condemned a letter by the police commissioner's office to the principal district and sessions judges about the proposed means of police virtually presenting evidence in courts, and announced the indefinite and intensified lawyers' strike from Monday, saying it was contrary to the assurance given by authorities.
The BCI's letter by its chairman and senior advocate Manan Kumar Mishra said, "I respect the committee for its efforts in safeguarding the rights of litigants and maintaining the independence of the Bar.
By raising concerns on the issue of police witnesses deposing from police stations through video conferencing, the committee had highlighted a genuine concern. And as per our information, a meeting of the committee was held with the Union Home Minister a few weeks back.
Underlining the sequence of events, the letter said that the Delhi High Court, through its notification dated July 4, laid down the procedure for video conferencing and identified designated places, including prisons, forensic departments, prosecution offices, and police stations.
It said that subsequently, Lieutenant Governor issued a notification dated August 13 designating all police stations in Delhi as such venues, which led to widespread opposition and a strike was called in August for six days, which was suspended after the union home minister assured that the concerns of the bar would be heard with an open mind, and the office of the police commissioner clarified that the order would not be implemented without hearing all stakeholders.
The letter said that on September 4, the commissioner's office issued a circular making it clear that that only formal police witnesses would be examined through video conferencing, while material police witnesses may continue to depose in physical mode, and further, that if the defense requested the physical presence of a police witness, the presiding judge could consider it on merits and allow the examination in physical mode.
"These provisions show that the concerns of the bar have been addressed and a substantive part of the demand has been fulfilled," the letter said.
It said that repeated abstentions from work was causing grave hardship to litigants, including undertrial prisoners and victims of crime, and also to those advocates who were eager to discharge their professional duties.
"Please remember that is the fourth or fifth occasion that the committee has given a call for an indefinite strike? The Supreme Court, as we all know, has held that lawyers have no right to strike or call for a boycott of courts," the letter said.
It said only the bar councils, as the statutory bodies under the Advocates Act, had been entrusted with the authority to regulate the conduct of advocates, and so any collective abstention undertaken without sanction from state bar councils could lack legitimacy and risk weakening the credibility of the profession.
In the present circumstances, the more constructive way forward would be to build upon the concessions already secured and to discuss the matter with the highest representative bodies of the profession.
"Therefore, I request the coordination committee to defer/recall the proposed strike, and I invite it to participate in a joint meeting with the Bar Council of India and the State Bar Council of Delhi on Monday," the letter said.
It said the meeting would provide the proper forum for deliberation and clarification, and by participating in it, the committee would "preserve the dignity of the bar, protect litigants from needless hardship, and ensure that the bar associations do not go on strike without any rhyme or reason all the time."
I therefore appeal that the strike/ abstinence call be deferred/recalled, and the coordination committee agree to participate in the proposed meeting with BCI and Bar Council of Delhi.
"This constructive step will not only carry forward the substantive progress already achieved but also give the bar its strongest platform for ensuring that its voice is heard and acted upon and carries weight," the letter said.
It said that by following the step as requested, the bar "would not expose itself to mockery or criticism, nor create an impression among the public that the Delhi bar associations resort to strikes repeatedly, even for matters that may appear to be petty or without sufficient cause."
The letter said that by avoiding such perceptions, the dignity and credibility of the bar will be preserved in the eyes of litigants and society at large.
On August 13, the LG issued the notification, which prompted city lawyers to go on strike.
The protest, which started on August 22, ended on August 28 after a meeting with the representative of Shah and a statement by the Delhi Police commissioner clarifying that the notification would become operational after all stakeholders were heard.
This article was generated from an automated news agency feed without modifications to text.
Source: HindustanTimes
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