Madras chief justice worried over lawyers' strike

Chief Justice of the Madras High Court H.L. Gokhale Wednesday expressed concern over the difficult situation arising out of lawyers agitating nationwide while a section of advocates here returned to work after a long break.

"Lawyers are creating difficulties by agitating on various issues solvable amicably through peaceful dialogue. This is happening not only in Tamil Nadu but also on a nationwide basis and is a cause for concern," Gokhale said.

Gokhale was addressing subordinate judicial officers on the sidelines of a training session within the precincts of the high court.

"The misunderstandings within the legal fraternity must end quickly. Further, the need of the hour is continuing with complete honesty and high moral standards amongst all officials of the court, which include judges and lawyers alike," Gokhale added.

Work in the courts, however, remained paralysed as most of the lawyers stayed off work against the backdrop of the city police prosecuting over 100 lawyers for burning copies of the interim report on the law and order situation that prevailed in the court premises for three days since Feb 19.

An interim report was submitted to the Supreme Court by retired apex court judge B.N. Srikrishna last week after a probe. He had faulted the behaviour of lawyers and police personnel alike.

"Our strike will continue till police officials who assaulted our brethren illegally and brutally are brought to book. Further, those 30 odd advocates belonging to the ruling party will be removed from all posts in lawyers' independent bodies," Madras High Court Advocates' Association president Paul Kanagaraj told reporters.

Meanwhile, over 30 lawyers owing allegiance to the ruling DMK and those representing various wings of the government returned to work.

"We have understood the gravity of the situation and litigants' travails and therefore decided to return to work from today (Wednesday). The rest of our brethren should hopefully give up their confrontationist attitude and emulate us," R.S. Bharati, who heads the DMK lawyers' wing, told reporters upon returning to work following a ruling party decision.

Two separate benches of the Madras High Court are scheduled to hear cases pertaining to the lawyers' strike following police action against them and the pelting of Janata Party president Subramanian Swamy with eggs last month.

During police baton charges Feb 19, several lawyers and a judge were injured.

Last week, advocates in Tamil Nadu and the neighbouring union territory of Puducherry rejected Justice Srikrishna's probe report.

Protests by lawyers have been underway for almost two months now expressing solidarity with the suffering ethnic minority Tamils of Sri Lanka at the hands of the island nation's army.

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Strength of Judges per million population may be increased

The Law Commission in its 120th Report recommended that the strength of judges per million population may be increased from 10.5 to 50 judges. The present judge strength in India is 14 per million population (approx.). Government has already increased the Judge strength in the High Courts by 152.

With regard to subordinate judiciary, the Supreme court, in its judgement of 21st March, 2002, in All India Judges’ Association & Ors Vs. Union of India & Ors., directed that an increase in the Judge strength from the existing 10.5 per 10 lakh people to 50 judges per 10 lakh people should be effected and implemented within a period of five years in a phased manner to be determined and directed by the Union Ministry of Law. The Central Government have filed an affidavit in the Supreme Court praying that the increase in judge strength in the Union Territories for which Central Government is administratively responsible be allowed based on workload and pendency of cases. The matter is sub-judice. As directed by the apex court, the Central Government also filed an affidavit indicating the quantum of funds required in compliance of the aforesaid Supreme Court’s judgement irrespective of the category of funds that will be drawn.

All State Governments are also party to this case. Under article 235 of the Constitution of India, the administrative control over the members of subordinate judiciary in the States vests with the concerned High Court and the State Government. Accordingly, the Central Government has requested all the State Governments for taking necessary action to increase the judge strength as per the direction of the Supreme Court and also to fill up the vacant posts of judicial officers on urgent basis.

There is no proposal before the Government to earmark court fee levied by States exclusively for Judicial kitty to augment the strength of Judges.

This Information was given by Minister of Law & Justice, Shri H. R. Bhardwaj in written reply to a question in Rajya Sabha on April 28, 2008.

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