The Delhi High Court Bar Association (DHCBA) has suspended its call for abstention from work over the proposed enhancement of Delhi District Courts' pecuniary jurisdiction, deciding to resume court work from Friday after a meeting with Union Law Minister Arjun Ram Meghwal and an assurance from Delhi High Court Chief Justice Devendra Kumar Upadhyaya that the Bar's concerns would be examined.
Strike Suspended, Not Withdrawn
In a statement issued on July 16, the DHCBA said its Executive Committee had unanimously resolved to suspend the call for abstention "for now," following the meeting with the Law Minister and after being asked by the Chief Justice to submit a formal representation on the issue, with an assurance that it would be looked into. The Association thanked its members for their cooperation and solidarity through the course of the agitation, while making clear that its underlying opposition to the proposed enhancement remained unchanged. "The efforts of the Bar for the cause will, however, continue unabated," the statement said.
Three Days Of Abstention
Members of the DHCBA had abstained from work since July 14, protesting the Delhi High Court's Full Court recommendation to raise the pecuniary jurisdiction of the District Courts from Rs 2 crore to Rs 10 crore. The Bar Association has maintained that the enhancement would substantially reduce the volume of civil and commercial cases instituted on the High Court's original side, estimating the impact at close to a 70 percent reduction in such filings, with consequent effects on the practice and livelihood of a large section of its members. The protest had been extended day by day, with the Association calling for continued abstention on July 15 and again on July 16 before the eventual climbdown.
Hariharan's Appeal To The IP Bar
Hours before the strike was called off, DHCBA President, Senior Advocate N. Hariharan, addressed lawyers of the Intellectual Property Bar directly, seeking to reassure a section of the Bar that had been particularly anxious about the proposed hike. Describing the Intellectual Property Division as "a jewel in our crown," Hariharan told the gathering that the agitation was not intended as a confrontation but as what he called "an attention-drawing situation," aimed at ensuring the Bar's concerns were heard rather than at opposing any particular constituency within the profession. He acknowledged that rising caseloads made some redistribution of work inevitable, but appealed for reasonableness in how any such change was carried out. "United, we have a voice. Disparate, we will not be heard," he told the lawyers present, while assuring them that any final decision taken by the DHCBA would be guided by the collective interest of the Bar and would continue to take their concerns into account.
Background To The Dispute
The proposal to raise the pecuniary jurisdiction threshold originated in a representation made by the Coordination Committee of All District Courts Bar Associations of Delhi, which had sought an increase from Rs 2 crore to as much as Rs 20 crore. A committee of Delhi High Court judges examined the proposal before the Full Court arrived at the Rs 10 crore recommendation, which the Coordination Committee, in a statement dated July 11, described as "a historic first step," while indicating its intention to continue pursuing a further increase with the Union Government. Since the pecuniary jurisdiction of the District Courts can only be altered through a parliamentary amendment to the Delhi High Court Act, 1966, the Full Court's recommendation will now need to be taken forward with the Central Government before any change takes effect.
Focus Keywords: DHCBA calls off strike, Delhi High Court Bar Association pecuniary jurisdiction, DHCBA Law Minister Arjun Ram Meghwal meeting, N Hariharan IP Bar appeal, Delhi District Courts jurisdiction dispute