SIRSA NEWS
25 November, 2017
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and Videos: GS Mann, Satnam Singh Nakul Jasuja
Watch Video: GPS Kingra Distt President Bar
Association Sirsa hands over Memo to ADC Sirsa for forwarding to CM Haryana
Below is the draft of Memorandum to CM Haryana In-Verbatim as provided by Bar Association Sirsa
To
The Hon’ble Chief
Minister,
Haryana.
MEMORANDUM OF
DEMANDS
Respected Sir,
It is to
inform you that in continuation of earlier meetings under the banner of All
Haryana Bar Associations, one of the meeting was held at Ambala on 05-8-2017 under the president
ship of Sh.Rohit Jain ,President of
District Bar Association Amabala, attended by most of the President, Secretary
of District, Sub-Divisional and Tehsil
Bar Associations of Haryana and day to day problems /difficulties being
faced by Advocate fraternity in Haryana were discussed and it was decided to
seek appointment with the Hon’ble C.M. Haryana to submit memorandum but
appointment has not been given so far ,therefore, memorandum of demands could not be submitted and in further
continuation of meetings under the
banner of All Haryana Bar Associations was held on 18-11-2017 at Hisar under
the President ship of Sh. O.P. Kohli ,President District Bar Association Hisar
and again discussed the problems /difficulties of Advocates /Associations and
decided to submit memorandum of demands to the Hon’ble Chief Minister Haryana
if, appointment is given otherwise to submit the same through Deputy
Commissioner of each District on a single day.
We the Presidents of the Bar Associations of Haryana do
hereby submit by way of memorandum the difficulties being faced by Bar Associations,
lawyers and the litigants throughout the state.
(i) Permission /Relaxation in forming the Group
Housing Society for advocates at each District and Sub-Divisional Head Quarter
and allotment of land for construction of houses.
That a ban is imposed by the State Govt on Formation of the
Co-Operative Group Housing Society ,therefore, the Advocates are not able to
Form Such a Society to acquire land for Housing Colony for the Advocates.
That there is a long lasting demand of Housing colony for advocates
of Haryana as most of them are coming
from far-away places to the Court and have to travel for long hours to come to
the courts. This not only is tiresome but also affects the capability of
Advocates. In Chandigarh and many other places land for Group Housing Societies
of Advocates is being allotted to the Bar Associations. The state Government of
Haryana should also provide appropriate land in every district to the bar
associations for group housing of advocates. The Advocates also are ready to
pay the collector rate of the land which will be allotted to them for the
construction of housing colony.
(ii) State Government to pay the electricity expenses
of the Bar Association Complex, Meeting Hall,Library, Lounge ,Water Coolers,AC,
Roads or streets leading to or in an around the Bar Complex.
Bar Associations regulate and
control the facilities including the space for the comfortable sitting and
meeting of the member-advocates. It also provides a platform to all those
members to raise their collective grievance. The facilities of Bar is not only
for the members of the Bar Association but also ensures the benefits of general
litigant public who visit the Court premises in a large number on every working
day in connection with their cases.
The Bar Complex, which includes
Bar Rooms, Bar Library, Litigant Hall, office of the Bar Association and Bar
Lounge are integral part of the Judicial Court Complex. The libraries are being used by the
Advocates, Public Prosecutors and others to gain knowledge of law as such the
State Govt. is responsible to maintain these facilities and electricity bills
are also required to be paid by the State Govt. However at some places it is
being paid but in most of the District it is not being paid by State Govt. and
Bar Associations either shown defaulter in payment or their connections have
been disconnected causing more problems for them.
The Hon’ble High Court of
Punjab and Haryana has already rendered in the case of Punjab and
Haryana High Court Bar Association and another V/s Union of India and others, 2007(3) PLR 565, in which the Hon’ble
High Court states that the
payment of electricity charges/air-conditioning charges in respect of the Bar
Libraries, Bar Rooms, Bar Association Office, Bar Lounge are borne by Hon'ble
Supreme Court and Hon’ble High Court of Punjab and Haryana and no payment is to
be made by the Bar Association of the Supreme Court and High Court.
It is requested to the State Government to
bear all the expense of electricity charges/air conditioning charges of Bar
Rooms, Library, Bar Associations office and Bar Lounge as these are the integral part of judicial
complex.
(iii)-Providing
Multi-Storey parking in all District Courts of Haryana for Advocates
Problem for parking of vehicles is being faced by Advocates,
Litigants due to non availability of sufficient space for Parking. Number of vehicles
coming in the courts is increasing day by day and due to limited space of
parking the vehicles are not parked in a proper manner. This results traffic
hazards and is also security threat for the Court Complex, therefore, to avoid
unnecessary difficulties to the litigants and the advocates, it is need of hour
that Multi storey Parking is to be constructed in all courts of Haryana for
advocates.
It
is humble request to the State Government to construct multi level parking in
all the courts of Haryana for advocates.
(iv) – Toll-free
traveling of Advocates
That advocates have to attend different courts at different
places and they are burdened with toll tax on this traveling directly causing
loss to them and litigants and a lot of time is also wasted in this process and
the burden on them is unnecessary as such advocates are requested to be
exempted from payment of toll tax.
(v) Payment
of Stipend to New entrant / Junior Advocates by the State Government to the
tune of Rs.10,000/- p.m.
While practicing as a lawyer, it takes a long period
to establish name and to derive fruit-full success from the profession. Now a day’s
new advocates find it very difficult to earn income from the profession in
their early years of practice i.e. due to decrease in number of litigations and
already presence of well experienced advocates in every court. The new entrants
get discouraged and feel humiliated, so to uplift their spirit towards this nobel
profession of advocate, the state government should provide a minimal amount of
Stipend, so that the new Advocates can be financially stable and can continue
their practice without any financial stress.
It
is our humble demand to the State Government for providing Stipend to the new
entrants so that they can be financially stable and can continue their practice
without any financial stress.
(vi) Establishment of training academy on the
pattern of judicial academy.
That training academy for the new comer advocates at
the expenses of State Govt. is requested to be established so as to prepare
good attorneys, Judges , Advocates who can compete in all kinds of services and
it will eliminate the problem of employment and earning for advocates and it
shall refurbish the profession and a
landmark decision of Govt. of Haryana.
(vii) Enhancing Security of Court/Bar Complexes of the state.
In the last decade, Court complexes throughout state
have witnessed many attacks on litigants, advocates and the witnesses. Due to
these repeated incidents of attack, the judicial working is affected and these
incidents are attack on the judicial system. Inspite of many efforts, the
present security measures have proved failure. It is need of the hour that the
security of the Courts throughout the state be enhanced by constructing secured
fenced wall not only around the judicial complex but whole of the court complex
including chamber complex. Police posts be also set up in the Complexes for
immediate action and ensuring security to the judicial officers, advocates,
staff of the courts, litigants and witnesses or any person present nearby.
It
is humble demand to the State Government to provide proper security in and
around the court complex.
(viii) Annual
Grant of Rs.10,00,000/-to every Bar Association of Haryana for maintenance
purposes.
That there is no other income to Bar Association except the
monthly subscription from the member of the Bar which is not sufficient for
maintenance of Bar Associations as such annual grant of Rs.10,00,000/- may
please be allowed to every Bar Association for this purpose.
(ix) Handing over of shops/Kiosk situated in the
Judicial /Bar Complex to the Bar Associations.
That shops /Kiosk are situated in every complex rent of which
is being collected by the deputy commissioner office of each District, these
shops/Kiosk are requested to be handed over to the Bar Association which can be
very helpful in upkeep and maintenance Bar Association.
(x) Fixation of Minimum Experience of 3 to 5
years of practice for appointment /selection of Judges.
That for the last some time judges are being recruited
directly coming from institution and lake of practice at Bar is
counterproductive and public as well as advocates are suffering in dealing ,
behavior and decision of cases as such a minimum experience of 3 to 5 years may
please be made a condition for selection of Judges/Judicial officers.
(xi)
Appointment of Senior /Seasoned lawyers to various Commissions, Forums,
Corporations and Tribunals.
That the Govt. while appointing president, Chairman and members of commission , Forum ,
Corporation and tribunal is not considering Advocates and banking upon the
retired Judges and Bureaucrats as such requested to consider the advocate for
appointment on these posts.
(xii)-Transparency and enquiry in the appointment
/selection of judicial officers.
That there is always talk of selection/appointment of
judicial officer in shady manner but the present scenario has cleared the doubt
in the minds of people that transparency in not there in the judicial
appointments also as such CBI enquiry is requested to be ordered in the FIR
no.194 dated 19-09-2017 under section P.C Act,1988 and IPC involving HCS
Judicial recruitment so that people may know what is happening with them and
who is coming with which way on the Judicial Dias.
(xiii)
Payment of monthly allowance to the President, Secretary and other office
Bearers of Bar Association on the pattern of Zila Parishad ,Panchayat Samittee,
Panchayat ,Municipal Committee /Council.
That all the elected office bearers and members of above
noted Associations are being paid monthly allowance attached to their office ,
we also request to follow this practice in case of the office bearer of Bar Association also.
(xiv) Implementation of Advocate welfare Act 2001.
That advocate welfare act,2001 may kindly be implemented in
letter in sprit.
It is, therefore, under the banner of All Haryana Bar
Associations on behalf of Advocate fraternity of Haryana requests to your good self
to accept and implement these demands in the interest of advocates/public of
Haryana.
We shall feel Highly obliged
All
Haryana Bar Associations
