Allahabad HC calls for Ghaziabad district judge’s stand into use of ‘brute’ force on lawyers

Prayagraj, Dec 19 (IANS) The Allahabad High Court on Thursday sought the Ghaziabad district judge’s stand on a public interest litigation (PIL) seeking an impartial and independent enquiry into the incident, where "brute and atrocious force" was used on lawyers inside the latter's courtroom.

A bench of Justices Mahesh Chandra Tripathi and Prashant Kumar said that the counsel representing the administrative side of the high court may seek instructions from the Ghaziabad district judge.

"Shri Manish Goyal, learned senior advocate, along with Sri Ashish Mishra, learned counsel for the High Court, may obtain instructions from the learned District Judge, Ghaziabad in the instant matter," ordered Justice Tripathi-led Bench as it posted the matter for hearing on Friday.

In an earlier hearing, the Allahabad HC had remarked that it would not hear the petition filed by the Bar Association of Ghaziabad unless the advocates resumed work.

The plea filed by the President of Ghaziabad bar body said that the "absolutely false and frivolous" justification of protecting the district judge was given by the police for using brutal force and an independent enquiry/investigation is warranted for unearthing the truth.

"The petitioner at the outset submits it is not entering into the arena of allegations and counter allegations and is more concerned about the maintaining of the dignity of the majesty of the justice which has suffered primarily due to the high handedness of the Ghaziabad District Magistrate who considered himself above the law and went to the extent of foisting unprovoked violence upon the lawyers due to some ulterior objects or his personal grudges," said the plea, calling for an impartial and independent enquiry under the aegis of the Allahabad High Court.

Further, the PIL prayed the Allahabad HC to lay down guidelines providing for the conduct of the court proceedings by the district judiciary in an absolutely transparent manner by making it mandatory to record the proceedings to prevent the happening of any unforeseen incident in future and also for identifying the wrongdoers instantly.

The plea said that it has been repeatedly held that the judges and advocates are integral parts of the justice dispensation system and the institution of justice could not function without either of them, however, lately, advocates are being considered by judicial officers as unwanted and lesser mortals and are repeatedly insulted and threatened by the judicial officers by flashing their powers and judicial immunity.

Therefore, the Bar Association Ghaziabad is praying for appropriate guidelines to protect and preserve the dignity of the advocates in the interest of justice, otherwise, the entire justice dispensation system will be adversely impacted, it added.

The Supreme Court Bar Association (SCBA) had also condemned the baton charge on advocates in Ghaziabad and sought an inquiry into the incident by a sitting judge of the Allahabad High Court.

The SCBA said that compensation should be paid to the injured advocates and measures should be taken to ensure that such incidents do not recur.

Further, it called upon the Bar Council of India (BCI) and all other State Bar Councils to take necessary steps to protect the rights of advocates and to ensure that they are able to discharge their duties without fear of intimidation or harassment.

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