The Bar Council of Punjab and Haryana has started an official investigation into allegations of “bench hunting” or “forum shopping” at the Punjab and Haryana High Court. This term means that some lawyers may be trying to ensure their cases are heard by a particular judge or bench to get a favourable order. In simple words, bench hunting is an attempt to influence the judicial process by choosing a specific judge known to pass supportive judgments.
The issue came into the spotlight after a senior judge of the High Court indicated a possible case of such misconduct back in May. The case involved a real estate developer from Gurugram and a former judicial officer. In that matter, it was discovered that a specific lawyer had been chosen only to get the case removed from a particular judge’s bench.
Following these developments, the Bar Council has taken the matter seriously and has formed a special panel to investigate. The chairman of the Bar Council, Rakesh Gupta, confirmed this move. The panel, called the privilege committee, is headed by Raj Kumar Chauhan, a member of the Bar Council. Gupta said the committee has been directed to begin its work immediately.
According to Gupta, while the earlier Gurugram case may have been the trigger, it is not yet confirmed if the same case will be investigated. He added that the Council has received some names linked to such acts but did not share any details publicly.
Bench hunting is considered unethical and unfair because it goes against the principle of equal and unbiased justice. All parties in a case should get a fair chance before a neutral judge. Choosing a judge deliberately to get a positive order not only affects justice but also damages the reputation of the legal system.
The Bar Council is a statutory body that oversees lawyers and legal practices in Punjab, Haryana, and Chandigarh. It has about 1.5 lakh members and was established under the Advocates Act of 1961. The Council’s job includes regulating the legal profession, admitting new lawyers, and handling complaints against advocates. Its headquarters is located in Chandigarh.
In the statement released by the Bar Council, Gupta said that the privilege committee has been given complete authority to carry out this probe. This includes powers to issue notices, record statements, summon records, and collect data from various agencies such as the press, the High Court, or any other source necessary under the Advocates Act.
Gupta also mentioned that several Bar Council members had personally told him that some High Court lawyers were either trying to get cases heard by certain judges to get favourable orders or were avoiding appearing before specific benches. He said this is a serious misuse of the special rights granted to lawyers under the Advocates Act.
According to him, such unethical actions affect not only the reputation of individual lawyers but also the dignity and status of the entire legal profession. The Bar Council has the responsibility to stop such practices and ensure that advocates maintain professional conduct.
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He added that the Council had already come across one such case and that this inquiry would help prevent similar behaviour in the future. The Council wants to send a strong message that it will not tolerate any misuse of the legal system by those practicing law.
The formation of this committee and the investigation into bench hunting shows the Council's commitment to upholding the rule of law and ensuring fairness in judicial proceedings. By taking quick action, the Bar Council is also aiming to restore public faith in the legal process and maintain discipline among lawyers.
In conclusion, the Bar Council of Punjab and Haryana is addressing a serious concern about lawyers possibly influencing court decisions by choosing favourable benches. With a panel now investigating the matter, strict steps are expected to be taken to maintain the dignity of the legal profession and ensure justice is served without any bias.
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