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Hapur Incident: Allahabad HC Directs State To Include Retired Judge On SIT Probing 'Police Violence' Against Advocates, Register Lawyers' Complaints
LIVELAW NEWS NETWORK
4 Sep 2023 4:50 PM GMT
Amid ongoing lawyers' strike in UP over lathi charge by some Police personnel against Lawyers in Hapur, the Allahabad High Court has directed the UP government to include a retired judicial officer on the SIT probing the incident.Lawyers claimed that the non-inclusion of any judicial officer in the SIT makes it "wholly one sided". A division bench of Chief Justice Pritinker Diwaker and...
Amid ongoing lawyers' strike in UP over lathi charge by some Police personnel against Lawyers in Hapur, the Allahabad High Court has directed the UP government to include a retired judicial officer on the SIT probing the incident.
Lawyers claimed that the non-inclusion of any judicial officer in the SIT makes it "wholly one sided". A division bench of Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi ordered,
"The State Government to include Sri Hari Nath Pandey, Retd. Principal Judge, Family Court, Lucknow as a member in the SIT, which is already constituted by the State Government to look into the incident in question. The SIT will proceed to conduct its enquiry and submit its report in a sealed cover at the earliest possible. An interim report shall be submitted before the Court by the next date fixed."
Additional Advocate general Manish Goyal said the State Government has no objection in inclusion of a judicial officer in the SIT.
Further direction has been issued to the Superintendent of Police to register and probe the FIRs of the lawyers regarding the Hapur incident. This was after High Court Bar Association President Ashok Singh informed the Court that "only one sided FIR has been lodged in the matter and despite the best efforts of the lawyers' their FIR has not been lodged till date".
The High Court had earlier today taken suo moto cognizance of the Hapur incident following which the Bar Council of Uttar Pradesh declared a state-wide strike by advocates on 30th August and 4th September, which is stated to continue on 5th and 6th September. In this regard the Court said,
“The act of Bar Associations/Councils in resorting to strike has been frowned consistently by this Court and also by the Hon’ble Supreme Court as such acts on part of the lawyers does great damage not only to the litigants but it affects the administration of justice itself which is an important facet of our Constitutional democracy. The representative body of advocates have the right to raise grievance on behalf of their members but it has to be in a manner that the ultimate cause of justice itself is not defeated. As responsible citizens and soldiers of the justice dispensation system, we expect the lawyers and their representative bodies to be conscious of their obligations to the Society at large and act in a responsible manner.”
The Court urged the Bar Council of Uttar Pradesh as also the respective Bar Associations across the State as well as this Court and its Bench at Lucknow to resume work so as to prevent any unpleasant action from the High Court.
“In light of what is observed above, we hope and trust that the Bar Council of Uttar Pradesh as also the respective Bar Associations across the State as well as this Court and its Bench at Lucknow shall introspect and act in due deference to the law laid down by the Hon’ble Supreme Court of India such that this Court is not required to take any unpleasant steps in the matter and forthwith resume their work. We also make it clear that doors of this Court would remain open in the event any unjust treatment is shown to be meted out to any person aggrieved.”
The matter will now be taken up on September 15.
