The facts involved the resolution adopted by the Bar Association of the Calcutta High Court calling all lawyers to cease their work till 05.03.2018. The resolution was adopted in the wake of the following events:
The members of the Bar Association, Bar Library Club, and Incorporated Law Society presented their concern to the Governor and the representatives about the vacancies in the High Court of Calcutta. According to the resolution, the representatives of the Governor in response assured the members of the three organizations that their concerns are duly addressed to the Hon’ Minister of Law and Justice and would be discussed with the Hon’ Chief Justice of India.
The members of the three organizations passed a resolution to cease all the judicial working till the 05.03.2018. The resolution was passed to mark protest against the authority for failing to take appropriate steps to address the grievances.
The void in the Indian Judicial System caused due to the vacancies prevalent in the Courts.
The resolution marks the unquestionable commitment of the members of the legal fraternity to take a strong stand against the lackadaisical attitude of the appropriate authority to speed up the procedure of appointing judges in different courts. The pending vacancies do not only increase the pendency of the cases but simultaneously delays justice. In India, there are 403 vacant positions in the total 24 High Courts as on 01.02.2018. The numbers itself presents the state of justice delivery system in India.
The members of the three organizations took a bold step in initiating a step to present their displeasure towards the present state of affairs. The decision to cease work is a collective way of protest for a greater good. It is undeniable that it would not affect the citizens, but a hardline approach had been felt to pressurize the government and appropriate authorities to implement corrective measures. The members to have urged the Bar Council of different States to join hands and show solidarity towards the protest. There is no High Court in the country that does not face the challenge of long-pending judicial pendency. This way the legal fraternity would create a nationwide consciousness.
Judicial vacancies deprive the citizens to seek timely justice. There is a significant number of population languishing in jails waiting for their trial. The problem of undertrial prisoners is the biggest dark spot to the Indian Judiciary causing overcrowding in jails. Moreover, it violates their fundamental rights. The Supreme Court has laid down guidelines to protect the undertrials, but the unavailability of judges deteriorates the already prevalent sad state of affairs.