In the midst of the protests and controversies prevailing around the country with respect to the newly passed 3 Acts pertaining to farmers, the Bar Council of Delhi(BCD) wrote to the Prime Minister of India raising issues as to how the acts passed are detrimental to the legal professionals.
Sr. Adv. Ramesh Gupta, Chairman, BCD wrote to the PM stating that the provision of ‘Bar of Civil Court Jurisdiction’ in the act, would substantially affect district courts and high courts as the disputes will be entertained by SDM/ADMs who are not a part of regular courts. The government, the letter said, should have consulted lawyers upon such matters as the laws are related to matters which are contractual and commercial. Furthermore, a question was posed as to how any litigation having civil consequence be given for adjudication to a body involving administrative agencies that are controlled by executive authority. This, Mr. Gupta stated, is a blatant violation of the Separation of Powers which forms a pivotal part of the Indian Constitution.
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The letter said that the District Courts are part of basic structure and being the principal courts of original jurisdiction it has assumed a lot of importance and forms the base of the Justice Dispensation system. The new Farm laws will seriously damage District Courts and jeopardize the interest of the public as getting justice from bureaucracy is far from reality. The laws will also uproot the lawyers.
The letter while stating that the move to bar the jurisdiction of Civil Courts and putting justice delivery at the behest of bureaucracy will invite corruption, said, "The government surreptitiously inserted such provisions, prejudicial to lawyers and litigants, which pose a serious that to the judicial institution as well." The legal system will be eroded if such a law is implemented.
The letter highlighted the importance of judicial institution whose role is to keep a check on administrative arbitrariness and unfair treatment. Thus, the introduction of a conciliation board to be constituted by SDMs, headed by his junior officer, as Chairman is distractive.
The move will turn out to be disastrous as the farmers can't be left high and dry at the mercy of touts, in the absence of lawyers. This deprives fair adjudication and determination of the rights of the farmers.
The letter stated that the Bar has been protesting against such transfer of litigation from Courts to governmental institutions and it vehemently opposes such violation of Separation of power. The Bar however clarified that they do not blame them for excessive executive power, but giving judicial power to them is dangerous.
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The law system in India is facing twofold difficulties, firstly the lawyers are facing a hard time and secondly, the litigants are deprived of justice. The act will add to the misery of both the elements.
The letter also stated that by excluding the application of essential commodities law, the government has left the general public to suffer at the hand of hoarders and black marketers. Mr. Gupta also said, "Justifiably, farmers are agitating across the country for remunerative prices for their produce but being victimized to give benefits to Hardee's and black marketers by the legislative process is legalized way for financial advantages to a particular class, which certainly is not in the public interest."
The letter reminded the PM that how he has always been a champion of the cause of the masses and always upheld the right to protest as a universal right.
Mr. Gupta thus requested PM Modi to immediately withdraw this legislation pertaining to farmers and suggested that the leaders of farmers should come out with an amicable solution and thereafter a law should be drafted for the welfare of the farmers.
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