Cal HC Lawyers Boycott Court Hearings in Protest Against Three New Criminal Laws

Today(on 1st July), several High Court judges, including Chief Justice TS Shivgyanam, had to adjourn hearings as many lawyers did not appear in court, causing significant disruptions. As a result, numerous litigants from various districts were forced to return without having their cases heard.

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Cal HC Lawyers Boycott Court Hearings in Protest Against Three New Criminal Laws
Cal HC Lawyers Boycott Court Hearings in Protest Against Three New Criminal Laws

KOLKATA: Today, On the first day of the month, Calcutta High Court witnessed an unprecedented boycott by grassroots lawyers in protest against the introduction of three new criminal laws. The absence of these lawyers disrupted court proceedings significantly, with many cases unable to proceed due to the lack of legal representation. This protest has highlighted the discontent among the legal community regarding the recent changes in the criminal justice system.

The new criminal laws that came into effect include the replacement of the Indian Penal Code of 1860 with the Indian Code of Justice, the Criminal Procedure Act of 1898 with the Indian Civil Protection Code, and the Indian Evidence Act of 1872 with the new Indian Evidence Act. These changes have been met with confusion and opposition, as many are uncertain about the specifics of crimes and punishments under the new legislation.

The ruling Trinamool Congress has been vocal in its criticism of the new laws, describing them as “cruel and unconstitutional.” This sentiment was echoed by the grassroots lawyers of the Calcutta High Court, who decided to boycott court proceedings to express their disapproval.

On Monday(1st July), several cases scheduled for hearing by the division bench of High Court Chief Justice TS Shivgyanam were left unattended as lawyers did not appear in the courtroom. Similar scenes were observed in the benches of Justice Amrita Sinha, Justice Biswajit Bose, Justice Sabyasachi Bhattacharya, Justice Bivas Patnaik, and Justice Raja Basuchauduri.

The division benches of Justice Harish Tandon and Justice Arijit Banerjee were also affected.

The absence of state government lawyers compounded the issue, leading to further disruptions.

“The High Court’s proceedings were disrupted on the first day of the month due to a boycott by grassroots lawyers,”

– noted a court official.

Many judges were forced to return without hearing cases, leaving litigants from various districts with no option but to return without their cases being heard.

The introduction of the three new criminal laws has not only stirred controversy among opposition parties but also created a significant impact on the legal proceedings in one of the country’s prominent high courts. The opposition parties have raised several objections to these new laws, further fueling the debate.

“The ruling Trinamool party in the state has labeled the three laws as ‘cruel and unconstitutional.'”

– reiterated a legal analyst.

The boycott by the Calcutta High Court lawyers is a clear indication of the growing unrest within the legal community regarding these legislative changes.

the legal fraternity has voiced its strong opposition to the newly introduced criminal laws, highlighting concerns about their potential impact on the judicial system. Trinamool lawyer Vishwabrata Basumallik led the charge against these laws, emphasizing the lack of consultation with legal professionals and the unilateral nature of their passage.

Basumallik stated-

“Accepting these three laws will create chaos in the judicial system. The opinions of the lawyers were not considered, and the law was passed unilaterally. The Central Government should amend this Act.”

The controversy around the new laws has not only sparked debate but also led to a call for boycotts and protests within the legal community. The left-wing lawyers, despite their opposition to the laws, have urged for a more measured approach. They emphasize the importance of continuing court proceedings while addressing their grievances through appropriate channels.

Lawyer Sudipta Dasgupta expressed his stance by saying-

“We also do not support this law. However, I am against boycotting the court in this way. One day court boycott cannot stop these laws of Modi government. Protests should be made at appropriate places.”

This internal conflict among lawyers comes in the wake of a boycott called by the State Bar Council last week against the High Court hearings concerning the three controversial laws. The boycott saw significant participation, though it also faced legal challenges. The Bharatiya Janata Party (BJP) responded to the boycott by filing a case, seeking to prevent any enforced participation in such actions.

The court intervened, stating clearly that-

“no one can be forced to participate in the boycott,”

thereby upholding the individual’s right to choose their stance on the matter without coercion.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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