19 Sep 2023 4:45 AM GMT
The Allahabad High Court on Monday expressed dissatisfaction with the preliminary report submitted by the State constituted Special Investigation Team in sealed cover, with respect to investigation into the Police lathicharge on lawyers in Hapur District.A bench of Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi specifically noted that there was no mention of the...
The Allahabad High Court on Monday expressed dissatisfaction with the preliminary report submitted by the State constituted Special Investigation Team in sealed cover, with respect to investigation into the Police lathicharge on lawyers in Hapur District.
A bench of Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi specifically noted that there was no mention of the injuries sustained by lawyers in the incident. Further, the Court noted that statements of any aggrieved lawyer did not find any mention in the inquiry report. The Court noted that the report only mentioned that the lawyers and the crowd in that area was out of control and therefore, cane-charge was done. However, there was no mention of any lawyer being armed.
The Court was informed that the investigation has now been moved from Hapur to Meerut. However, Counsel appearing for the Hapur Bar Association informed the Court that the erring officer has been transferred from Hapur to Meerut. Since the erring officer, though suspended, was present at the police station where investigation had been transferred, it was submitted that lawyers are apprehensive of going to the said police station to give statements. The Court has asked the State to make arrangements for recording statements of the aggrieved lawyers.
The Court specifically asked the Additional Advocate General if the report was a secret document and was not to be made public. Since no objection was raised by the AAG, the report was passed to members of bar representing the Hapur Bar Association, Bar Council of Uttar Pradesh and members of the High Court Bar Association, Allahabad present in court.
Details of the Interim Report:
The report dated 17th September elaborated on the incident which took place between Advocate Priyanka Tyagi and two police officers which led to the chain of events. Statements of two independent witnesses have been recorded in the report explaining the incident. It is stated that a car in which Ms. Tyagi was sitting/ driving hit a bike of two police officers. Thereafter, Ms. Tyagi along with a co-passenger stepped out of the car and allegedly misbehaved with the police officers. It has been alleged that Ms. Tyagi tried to pull the badge of one of the officers and tear his uniform.
Thereafter, when proceedings were initiated by the police, it is alleged that Ms. Tyagi did not cooperate. On 28th August, lawyers passed a resolution to carry out peaceful protest on 29th August. However, it is alleged that the lawyers took out a procession from the District Court to the Tehsil crossing, where they disrupted the traffic and shouted slogans against the police. Thereafter, they proceeded to the police station, where it is alleged certain lawyers entered the Police Station and misbehaved with the officers.
In the report, it has been elaborated how the lawyers (allegedly) continuously misbehaved with the police officers and thus, action was taken against them. It has also been stated that seeing the situation all shops in the city were shut down. At the order of Prabhari Nirikshak Mr. Sanjay Kumar Pandey, cane was used to charge to control the situation. The fact that certain police officers sustained injuries had been recorded in the report.
The Court noted that the interim inquiry report did not disclose full facts and was not in consonance with the provisions of CrPC. The Court specifically inquired as to why the statements of the two lady lawyers, mentioned in the report were not recorded.
The Court has directed the State to file a counter affidavit before the next date of listing.