Lawyers will also suffer due to new farm laws: BCD ex-chairman
Nov 29, 2020
New Delhi [India], November 29 : Asserting that lawyers will also suffer due to the new farm laws, former Bar Council of Delhi Chairman advocate KC Mittal on Sunday said that under the dispute resolution mechanism in the new farm laws mediation will be conducted by persons appointed by sub-divisional magistrates (SDMs) ousting all lawyer appointments for mediation.
Apart from farmers, who he said are fighting against the farm laws for a "genuine cause", lawyers will suffer the most, Mittal said. This comes even as farmers from Punjab and Haryana are protesting in Delhi against the farm laws.
"Under the dispute resolution mechanism, a provision for mediation to be conducted by a person appointed by the SDMs. It will oust all lawyer appointments as mediators," Mittal said adding that it is our duty to consider how detrimental the recent farm laws will be in so far as it concerns the legal profession and courts.
He said that one will be shocked to read the sections on "Dispute Resolution" and "Bar of Civil Court Jurisdiction" in the new farm laws.
"You will yourselves realise that provisions contained therein are much worst for legal professionals. I don't know why my friends are ignoring this. The area of commercial activities under these Acts are so vast that it covers all civil and commercial subjects, inter-state and intra-state transportation," Mittal said in a statement.
The lawyer said that the issues relating to contracts, agreements, partnerships, companies, limited liability partnerships, and sponsors to act as a facilitator and legally authorised agent under these laws who will act as a focal man are more to protect the interest of businesses.
"Everyone is aware of what they do and how they operate. These are some of the areas but if you go through the relevant Acts, you will notice all kinds of civil nature of litigation will arise. The exclusion of the Essential Commodities Act will facilitate hoarding and black marketing," Mittal said.
"All civil disputes will be adjudicated by SDMs and appeals by ADMs, under control of executives authorities. Can anyone justify such provisions and will it not destroy the legal profession? Civil court's jurisdiction is totally barred. Will the lawyers not suffer the most?" he added.
Mittal said that the constitution provides for separation of judiciary, but he added that in the new farm laws all powers for adjudication are entrusted to the executive and it shows that we don't require the courts.
