The Punjab and Haryana High Court has held that while advocates are entitled to hold peaceful protests, such demonstrations cannot impede litigants’ access to courts or interfere with the administration of justice.
A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor made the observation while hearing a public interest litigation concerning the ongoing agitation by lawyers against the implementation of the Legal Aid Defence Counsel (LADC) Scheme.
The Bench observed that the right to protest is a constitutional right, but it is not absolute. It said the exercise of that right must not infringe upon the equally important right of citizens to approach courts for redressal of their grievances. The Court emphasised that no individual or group can prevent litigants, court staff or judicial officers from entering court premises or carrying out judicial functions.
Observing that access to justice forms the bedrock of the rule of law, the Bench said any protest that obstructs court proceedings or restricts entry into court complexes exceeds the permissible limits of peaceful demonstration.
The High Court further noted that lawyers are free to voice their opposition to the LADC Scheme through lawful means, but they cannot paralyse court functioning or deny litigants an opportunity to pursue legal remedies.
The matter arose from allegations that protesting advocates had blocked access to court premises, affecting judicial work and causing hardship to litigants. The Court is monitoring the situation to ensure that judicial proceedings continue unhindered while balancing the advocates’ right to protest with the public’s right to uninterrupted access to justice.
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