Lawyers Charge Professional Fee and Then Abstain from work: Allahabad Refuses To Direct Time Bound Disposal Of a Case.
By- Shrey Garg.
Justice Vivek Kumar Birla of the Allahabad High Court while dismissing a plea for time- bound adjudication of case has observed that on one hand the “Lawyers cannot take the working of the Court for granted as on one hand, obviously, the lawyers must have charged their professional fee and thereafter they are abstaining from work and on the other hand, they are seeking a direction to the Court concerned to decide the case within a specific period.”
The court was dealing with the writ – petition filed by Prafull Kumar. The petitioner pleaded the court to issue a direction to the Commissioner of Allahabad Division to decide upon an appeal within a fixed period of time.
The court referred to the order sheet and observed that since the year 2014 barring a few dates lawyers have been constantly abstaining from their work.
The court further added that due to regular abstinence of work the court has been regularly encountering petitions demanding time-bound disposal of cases. The court said that this reflects nothing but the “sorry state of affairs” of the courts particularly in terms of revenue.
The court said that therefore it is impossible for it to grant the relief sought by the petitioner under the prevailing circumstances. The court opined that if allows such petitions issues such directions/ writ of mandamus the concerned authority/court can face a contempt of court situation if it fails to decide the case in the time prescribed by the court.