Land-for-jobs case: Court raps advocate for seeking adjournment citing lawyers' strike

New Delhi, Aug 22 (PTI) Hearing the land-for-jobs case, A Delhi court on Friday rapped an advocate seeking an adjournment from advancing argument on charges because of the ongoing lawyers' strike, saying the ground sought was "entirely self-serving and completely unexceptional".

Special judge Vishal Gogne is hearing arguments on the charges against the accused persons, including former railway minister Lalu Prasad Yadav and others. Of the 103 accused in the case, four have died.

On Friday, the matter was listed for advancing the arguments on charges on behalf of three accused, listed as Accused No. 25, 27 and 57.

Judge Gogne said, "The counsel for the said accused has submitted that he is unwilling to address arguments today on account of a strike by lawyers. It is further submitted that since the strike shall be continuing till tomorrow, he shall not be advancing the arguments on August 23 either, and a date for arguments thereafter may be given by the court." He said, "The court has no reason to comment on the validity of the purported 'strike' by the lawyers," adding that the issue before him was the prayer seeking adjournment.

"Since the counsel had previously argued only on behalf of certain accused and was granted a specific date for today to address arguments qua the remaining accused, there is no ground to grant adjournment when the arguments on charges are being heard on a day-to-day basis since July 1, and notably, 92 out of the 99 accused persons have already the arguments," the judge said.

He observed that it was "disconcerting" that despite the counsel being available online and in a position to advance the arguments in "hybrid mode", he was not availing the opportunity.

"The court forms the clear conclusion that the counsel is deliberately avoiding the arguments. Moreover, this court, being a designated court for the trial of cases pertaining to MPs/MLAs, is mandated to provide expeditious hearing in terms of the directions of the Supreme Court," the judge said.

He added that according to the apex court verdicts, adjournment could only be granted in exceptional circumstances.

"With the option of online arguments being consciously rejected, the grounds for adjournment are entirely self-serving and completely unexceptional. The submission of the counsel is, in effect, a refusal to argue and occasions a wanton underutilisation of judicial time," the judge said.

After the advocate did not advance the arguments at 12:30 pm, the judge allowed him a final opportunity at 2:30 pm.

When the advocate refused again, the judge said, "The court is constrained to record that the counsel for A 25, A 27 and A 57 does not intend to advance the arguments on charges and has therefore forsaken the right to argue on their behalf. In the interest of fair hearing, however, the said accused are at liberty to file written submissions within one week." The court then posted the matter for hearing the arguments by the other accused persons on Saturday.

Advocates across the national capital abstained from judicial work on Friday to protest against an August 13 order issued by the lieutenant governor allowing police to virtually present evidence in courts from police stations.

The strike, which would continue on Saturday, came in response to a call by the coordination committee of All District Court Bar Associations of Delhi.

The committee's communication on Thursday requested all lawyers to cooperate, besides issuing a warning that "if any advocate is found appearing before any court physically or virtually, strict action will be taken".

In the land-for-jobs case, the prosecution alleged that appointments in the Group-D category of West Central Zone of the Railways based in Jabalpur, Madhya Pradesh, were made during Lalu Prasad's tenure as railway minister from 2004 to 2009 in return for land parcels gifted or transferred by the recruits in the name of the RJD supremo's family or associates PTI MNR ARI