RAJ KUMAR
Ranchi, Jan. 12: The statewide strike by 33,000 advocates in Jharkhand entered seventh day on Thursday. The stir has severely affected the work in courts across the state.
The Jharkhand State Bar Council has asked all the 33000 advocates across the state to abstain from the court proceedings to protest against exorbitant court fee hike. Majority of advocates responded to the call and have been on strike since January 6 this year barring a small section of lawyers and firm on continuing the strike till the state government accepts their demand.
Why is the bar council concerned about a hike in court fee?
When the court fee was hiked last time in 1995, fee for different petitions mentioned in the schedule -I used to range between Rs 2 to Rs 5. Now it ranges between Rs 20 to Rs 1000. Earlier, the maximum fee for a title suit was Rs 50,000 and now it has become Rs 3 lakh. The council felt that Increase in fee for filing title suits will only put poor farmers in trouble as they hardly have sufficient cash in their hand. The three-member committee constituted by the state government on court fee hike observed that expenditure on the judicial process has increased by only 2.24 times since 1995 but the court fee has been hiked many times more than double. The Government says that per capita income has increased by 5 times while money has devalued by six times while deciding the court fee but the government has ignored the fact and did not consider that for the poor citizens of the sovereign country justice should be provided free of cost.
There is a practical reason also for the advocates to oppose the proposed court fee hike. Normally, a client from remote areas hands over the papers and sits at home. They come to attend the court proceedings on important dates only and then pay the fee. During this period, the advocates’ clerks mark attendance and bear the nominal expenses to continue the court proceedings. With a hike in filing paper for every proceeding, they will have to bear the expenses from their pocket. Since a court proceeding continues for a long time, they will be unable to bear such expenses from their pocket. They will eventually force the clients to come on every date.
Sufferings of advocate
A difference of opinion between the bar council and the advocate general has put advocates in trouble. Barring a section of senior advocates, income of the majority of advocates who depend on the earnings from affidavits and other small legal works started getting affected. Apart from this, some advocates feel threatened by the advocate general for not appearing in the court while some feel threatened by the Bar Council for appearing in the court.
Ego tussle between AG and Bar Council
Advocate General (AG) Rajeev Ranjan declared the strike illegal. A day after the strike started, chief minister Hemant Soren had an interactive session with advocates. In the session, the majority of advocates associated with the government participated. In the interactive session the chief minister promised many steps for the welfare of advocates. The court fee hike was also justified saying it was ‘nominal’ and increased after a gap of 27 years. A section of advocates close to the AG continued to appear in the court. However, the State Bar Council was not invited to the meeting.
Possible solution
Advocate general Rajeev Ranjan says he can suggest some solution in case someone from the Bar Council comes and discusses the matter with him. Bar Council President Rajendra Krishna says strike can come to an end in case the chief minister gives something in writing promising reconsideration in court fee hike.