Allahabad High Court Holds Urgent 7 PM Hearing Over Assault On Women Lawyers At Lucknow Court; Orders Security
Taking serious note of allegations that 3 Delhi-based advocates, including 2 women lawyers, were assaulted and prevented from appearing before a court at the Lucknow District Court, the Allahabad High Court on Tuesday convened a special Bench at 7 PM.
The development came just hours after a practising Supreme Court advocate alleged before the Chief Justice of India's Court that she and her client were beaten up by a Bar Association office bearer in connection with a land grabbing case at the Lucknow District Court.
A bench of Justice Rajan Roy and Justice Manjive Shukla was constituted under the orders of the Chief Justice on an application moved by Delhi-based advocates Abhipsa Mohanty, Komal Agarwal and Ashutosh Srivastava.
Considering the urgency of the allegations, the High Court dispensed with the requirement of filing an affidavit, observing that the situation “cannot be compromised on procedural technicalities”.
According to the application, the advocates had gone to file a vakalatnama in a civil suit when they were allegedly prevented from appearing by Advocate Saurabh Kumar Verma and his associates.
The Advocates alleged that not only were they manhandled, but their client (Mohd. Shakir) was also “badly beaten up” and was also threatened by saying “vakil ke against case Karega tu” (you will file a case against an advocate).
It was further alleged that when the applicants attempted to protect their client, they too were assaulted and one of the applicants (Advocate Ashutosh Srivastava), alleged that he was punched in his stomach and chest while protecting the client.
Advocate Verma allegedly said threatened by saying “tum mere against kaise case le liye” (How dare you take up a case against me?) and “tum isme mat pado warna acha nahi hoga” (Stay out of this, or it won't end well for you), while all the applicants were “abused and humiliated”.
The applicants further claimed that when they tried to mention the issue before the District Judge, Advocate Verma started howling at them and exhorted his lady associates to assault them.
During the hearing, a video of the incident was also played before the Bench. The Court noted that the video showed some advocates, including those named in the application, beating a person identified by the applicants as plaintiff Mohd. Shakir.
Recording its prima facie view, the Bench observed thus:
"We do not say much at this stage except that if the incident as is alleged has happened, which prima facie appears to have happened based on the video played before us and the statements of the advocates before us then it is very serious matter."
Observing that it was “not the first time” such an incident had happened in the District Court, Lucknow, said the matter involved not only the commission of an offence by the alleged persons but also “interference in the dispensation of justice”.
The Court recalled that in an earlier proceeding relating to the peaceful functioning of courts, it had constituted a Cell in the Police Commissionerate, Lucknow to inquire into the activities of persons “who are either advocates or posing to be an advocate but are indulging in illegal acts such as land grabbing or house grabbing or are interfering with the judicial process in district courts etc”.
The District Judge, who appeared through VC, informed the Court that he had gone through the CCTV footage and identified some advocates allegedly seen indulging in manhandling the plaintiff as well as some of the applicants.
The seniormost judicial officer of the district court was directed to place his report along with a copy of the CCTV footage before the Bench.
Likewise, the Commissioner of Police, Lucknow, was also directed to submit a report specifying the criminal antecedents of the alleged perpetrators.
Furthermore, the Court directed the physical presence of the concerned Deputy Commissioner of Police (DCP) and the SHO of Wazirganj Police Station at 10:15 AM today.
As an interim measure, the Bench directed that the advocate-applicants be provided adequate security by the Lucknow Police Commissionerate during their stay in Lucknow and for their appearance before the High Court.
It also directed that plaintiff Mohd. Shakir be produced physically before the Court today at 10:15 AM.
As mentioned earlier, the High Court's late-evening intervention came after a practising Supreme Court advocate urgently mentioned the incident before a bench headed by Chief Justice of India Surya Kant just as the Court was rising for the day.
"A very urgent matter your lordships...I am a practicing advocate in Supreme Court...I came to Lucknow District Court to attend a hearing. The defendant is a Bar Association Office bearer. He is not letting us appear in the matter. He has assaulted us. Our client is still in the captive of the Bar Association office here," she had submitted.
"I request your lordships' kind indulgence. He is interfering in the administration of justice in the entire District Court! We are not able to enter inside the Court. He has assaulted us. He has beaten us. And now we had to flee to the High Court. It's impossible to enter inside the District Court. It's risky for us. He [office bearer] is carrying a gun!", she added.
She further informed that the issue was mentioned before the Allahabad High Court, but the High Court Chief said, "if it is so urgent, then you need to go before Supreme Court".
Hearing the grievance, CJI Kant remarked, "it's a very serious issue, but problem is, how to intervene now while sitting in court?" The CJI asked the advocate to take an appointment with the concerned Administrative Judge (Justice Rajan Roy). "Let me go to chamber and make a mention to him. Will convey message to him immediately", he said.