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2002 DIGILAW 967 (PNJ)

Kanwar Suraj Pal Singh Kushwaha, Ips v. State Of Haryana -

2002-09-23

K.S.GAREWAL

body2002
Judgment K.S.Garewal, J. 1. The sole ground for seeking transfer of the case is that respondent No. 2 is a practising Advocate at Hissar and her father is also an influential member of the Hissar Bar who was once its President, therefore, the petitioner is unable to secure the services of an Advocate to defend him. The Bar had also struck work for 25 days in support of respondent No. 2. 2. It is unfortunate that members of the Bar coerce their fellow members and prevent them from appearing for litigants in proceedings where one of them is party. This tendency is on the increase day by day. Transfer of the case would only encourage the trend and did not cure the malady which must be eradicated. It is often said that the legal profession is a noble profession. Therefore, every member of the profession must display nobility. Every lawyer is entitled to practise freely and every litigant is entitled to engage a lawyer of his choice. If a litigant is unable to engage a lawyer of his choice. If a litigant is unable to engage the services of a lawyer a serious blow is delivered to the Rule of Law. Consequently, this application for transfer is dismissed. However a direction is simultaneously given to the President of the district Bar Association, Hissar to refrain from causing any hindrance to the petitioner from obtaining the services of the member of the Bar Association to defend him. It will be expected that the members of the Bar shall temporarily suspend their professional allegiance to respondent 2 and step forward to defend the petitioner. In doing so they would definitely uphold the dignity of the legal profession and the Rule of Law which are far higher qualities than expressing solidarity with an aggrieved colleague. 3. The petitioner is to be produced before the court of Shri J.S. Sidhu, Judicial Magistrate Ist Class, Hissar on October 5, 2002 through non-bailable warrants of arrests. Petitioner seeks a direction for cancellation of the warrants. The petitioner is a retired Haryana Police Service Officer and has through this application sought withdrawal of the warrants. Therefore, he has shown his willingness to surrender before the court concerned. In the circumstances a direction is given to the petitioner to surrender before the court concerned on October 5, 2002. Petitioner seeks a direction for cancellation of the warrants. The petitioner is a retired Haryana Police Service Officer and has through this application sought withdrawal of the warrants. Therefore, he has shown his willingness to surrender before the court concerned. In the circumstances a direction is given to the petitioner to surrender before the court concerned on October 5, 2002. Non-bailable warrants issued against the petitioner may be kept in abeyance. In case the petitioner surrenders, his bail application shall be entertained and decided on the same day. Application dismissed.