Breaking-Police Assault On Etah Advocate: Allahabad High Court Orders Inquiry By Chief Judicial Magistrate

Today, the Allahabad High Court sought a complete report of the incident, wherein Rajendra Sharma, a practicing Advocate at Etah was beaten and manhandled by the police and his relatives too were harassed and humiliated. The Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh has directed the Chief Judicial Magistrate, Etah to enquire into the matter and submit a complete report on or before the next date of listing. As per the Court's Order, the Chief Judicial Magistrate, Etah has been directed to make necessary inquiry by availing "all relevant facts including audio visual electronic documents and submit to this Court on or before next date of listing." Further, the District Magistrate, Etah as well as Senior Superintendent of Police, Etah have also been directed to co-operate and supply all relevant facts and documents as desired by the Chief Judicial Magistrate, Etah to furnish report of the incident to this Court.The Order of the Allahabad High Court has specifically acknowledged the letter sent by The Bar Council of Uttar Pradesh, which was addressed to the Chief Justice of the Allahabad High Court with a request to take appropriate action in relation to this incident. The Court's Order also mentions that a letter was received by the Secretariat of the Chief Justice from the High Court Bar Association relating to same issue and that certain other Advocates also agitated the cause through e-mail.The matter has been listed for further hearing on Friday (08th January 2021).BackgroundThe Allahabad High Court took suo-motu cognizance of this incident and the matter was listed for today. Significantly, the Bar Council of India has already issued a statement condemning the police assault and had urged the Chief Justice of the Allahabad High Court and the Chief Justice of India to take suo moto cognizance of the same.The Press Release also stated,"The act of police of Uttar Pradesh is shocking, this cannot be expected from the protectors of Law and Order. The brutality clearly shows that the police personnel of Etah were acting with some planning with some ulterior motive."While requesting the CJI & CJ of Allahabad High Court to take actions, the BCI had also added that its request was not considered by Uttar Pradesh Government. The SCBA also condemned the police assault "The brutal assault of a member of our fraternity in Etah in his house when he was with his family is atrocious and unacceptable. It is a gross and calculated action on the part of the police in total contravention of law", the SCBA commented. "The Supreme Court Bar Association expresses its serious concern on the reprehensible conduct of the police in both these cases and calls upon all concerned authorities to take serious punitive action against all concerned for their atrocious conduct which denigrates and violates the mandate of the Rule of law", the SCBA statement said in conclusion. Also, taking a serious note of this incident, the High Court Bar Association, Allahabad had sent a Letter requesting the Chief Justice of Allahabad High Court to take "suo motu cognizance of the said incident and pass appropriate orders to maintain the law and order situation of the state." The letter was addressed to Chief Justice of Allahabad High Court and was issued by Mr. Prabha Shankar Mishra, General Secretary, High Court Bar Association, Allahabad, stating, "The way the lawyer and his family members were brutally beaten up by the administration and the police, the advocate community is experiencing a sad feeling and it seems that the advocate community Is the most neglected community of all."Click Here To Download OrderRead Order

Breaking-Police Assault On Etah Advocate: Allahabad High Court Orders Inquiry By Chief Judicial Magistrate

Sparsh Upadhyay

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