The functioning of courts in Punjab has come to a complete standstill for the last two weeks. The indefinite strike of lawyers, which started from July 7, has now increased further. Along with Punjab, District Bar Associations of Haryana and Chandigarh have also announced to join this strike. In Punjab, lawyers have gone on a hunger strike in district courts across the state. The root of the controversy is the LADC i.e. Legal Aid Defense Council policy of the Central Government. Lawyers are demanding complete withdrawal of this system.
The Bar Associations of Punjab and Chandigarh demand that the existing LADC policy be immediately repealed and the panel-based legal aid system be re-implemented as before, so that all lawyers get an equal opportunity to work.
How was the work being done in the old system?
In the old system, under legal aid, cases were handed over to a large panel of different private lawyers. Under the new LADC system, an entire team of only a few salaried government lawyers is appointed, who handle all criminal cases.
Lawyers say that the initial practice of young lawyers mainly starts with routine criminal cases like bail, NDPS and excise. Due to the new policy this work has been completely taken away from them. According to statistics, about 11% to 18% of criminal cases in many districts of Punjab are now going directly to LADC. Lawyers say that LADC lawyers, who provide government legal aid, have direct and regular access to the police system at the prison and remand stages.
‘Existence of private lawyers in danger’
Lawyers claim that due to this monopoly, private lawyers are being completely sidelined and there is an existential crisis for the lawyers practicing independently. Lawyers also argue that instead of the poor and needy people actually benefiting from this free service, many habitual and serious criminals are taking advantage of it, who easily get legal help at government expense without paying any fee.
In the meeting of Bar Associations of Punjab, Haryana and Chandigarh on Thursday evening in Chandigarh, a consensus has been reached among the lawyers to extend the strike and also to stop work in the courts of Haryana and Chandigarh. Lawyers say that they demand the Central Government and the Supreme Court to immediately withdraw this new policy, otherwise the strike will continue.
Leave a Reply