New tenancy act undermines judicial processes: Lawyers
Chandigarh, May 9 -- City lawyers on Thursday announced a complete strike and abstention from work till May 13 in protest against the implementation of the Assam Tenancy Act in the UT, alleging that the move would undermine the judicial process in rent-related disputes.
The decision was taken unanimously during an urgent meeting of the District Bar Association (DBA), Chandigarh, held in the district courts complex on Thursday morning. According to a notice issued by the executive committee of the association, advocates will abstain from all court work during the strike period, including appearances in traffic challan matters.
The association also directed notaries and oath commissioners to participate in the strike, warning that members violating the resolution by appearing before courts or sending interns during the strike period would face a fine of Rs.2,000.
The protest centres around the proposed shift in adjudication of rent petitions from judicial authorities to executive officers under the new tenancy framework. At present, rent petitions in the UT are governed by the East Punjab Urban Rent Restriction Act and are heard by rent controllers, who are judicial magistrates. Lawyers opposing the proposed law argued that under the Assam Tenancy Act, such matters would instead be handled by executive magistrates or circle officers.
District Bar Association vice-president Sandeep Gujjar said the change would create practical and legal difficulties for litigants and advocates alike.
"Under the existing system, rent petitions are decided by judicial magistrates who are law graduates and are trained to apply judicial principles. Under the proposed Act, matters would go before executive magistrates, who may not necessarily possess a legal background," Gujjar said.
He further alleged that the proposed mechanism could affect the fairness of proceedings. "Without the application of a proper judicial mind, the legality of rent petitions cannot be decided in a fair manner," he said. Lawyers also expressed concern over logistical difficulties, stating that advocates would have to move between the court complex and offices of executive officers depending on their convenience, unlike the current court-based system.
The bar association has constituted a five-member committee to prepare and file an appropriate writ petition challenging the proposed tenancy law.
Another meeting of the association has been scheduled for May 13 at 11am to decide the future course of action. The association has appealed to all members to remain united and extend full cooperation during the protest....
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