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2019 DIGILAW 2275 (PNJ)

Court On Its Own Motion v. State Of Haryana

2019-08-13

KRISHNA MURARI, RAJIV SHARMA, RAKESH KUMAR JAIN

body2019
JUDGMENT 1. This Full Bench has assembled on the administrative directions of Hon'ble the Chief Justice to take stock of the situation, created by members of the Bar and the Advocates of the Punjab and Haryana High Court who are abstaining from work, brought to the notice by way of three complaints by different litigants who are desirous of appearing in person being forcibly denied entry into the premises of the High Court despite having valid entry pass. 2. It has also been brought to our notice that except for gate No.l where the Advocates and members of Bar are squatting, all other entry gates have been locked and they have set up a counter at gate No.l where scanning into urgency of the litigation is being done before permitting the litigants to enter the High Court premises. This is totally unconstitutional and illegal. A right of the litigant to have access to the Court where his matter is pending cannot be denied and the same amounts to interference in the due administration of justice. We are also informed that even the litigants who intend to file their petitions in person are being stopped forcibly. This Court cannot sit as a mute spectator to all this. 3. This Public Interest Litigation was registered on an application made by the Bar Association on the administrative side. Thus, the Bar Association is already a party to these proceedings. The State of Haryana had accepted notice through Advocate General, Haryana and Union of India through Additional Solicitor General of India. Thus they are also party. The responsibility to ensure peace, harmony and law and order around the High Court premises rests with the Chandigarh Administration. 4. Let Union Territory, Chandigarh through its Advisor be impleaded as a party-respondent. 5. Let notices be issued for tomorrow i.e. 14.08.2019 to Bar Association of Punjab and Haryana High Court through its Secretary, Union Territory, Chandigarh through its Advisor and Union of India through Additional Solicitor General of India and Assistant Solicitor General of India. 6. State of Haryana is already represented by learned Advocate General, who accepts notice. 7. We also request the Advisor, Union Territory, Chandigarh, Home Secretary, Union Territory, Chandigarh and Director General of Police, Union Territory, Chandigarh to appear in person tomorrow for assistance of the Court in the matter. 8. List again on 14.08.2019.