Do Not Resort to Any Sort of Abstention or Boycott of Courts: BCI Appeals Lawyers

By Harsh Dwivedi

BACKGROUND

In view of the order passed by the Delhi High Court on November 3, 2019, in suo moto proceedings against the violence which broke out between the police and the lawyers in the premises of Tis Hazari Court, the Bar Council of India has appealed to the advocates to maintain peace and harmony and not to resort to any sort of abstention or boycott of Courts from November 5, 2019.

The press release issued in this behalf read, “The Bar Council of India welcomes the historic order passed by the Hon’ble High Court of Delhi thereby addressing the grievances espoused by the Bar Council of India and Lawyers of Delhi regarding the unfortunate incident of police excesses against Advocates of Tis Hazari Court on 02.11.2019.

CURRENT ISSUE

In view of the quick and positive step taken by the Hon’ble High Court of Delhi in this sensitive matter for redressal of grievances of the Bar, the Bar Council of India appeals to the Advocates of the country to maintain peace and harmony and not to resort to any sort of abstention or boycott of Courts from Tuesday, the 5 November, 2019.” 

The clash which took place on November 2, 2019, between police and lawyers over a parking dispute within the court premises aggravated as three lawyers got shot by the police and several others injured. 

Subsequently, condemning the attack, the Bar Council of India moved an application before the Chief Justice Patel for redressal of the matter by conducting a judicial inquiry.

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Delhi High Court Bar Association (DHCBA), on the other hand, called its members to abstain from work on November 4, 2019.

In a special sitting, a Division Bench comprising of Chief Justice D.N. Patel and Justice C. Hari Shankar ordered a judicial inquiry into the incident and granted ex-gratia payment to the injured advocates.

The court-appointed former Delhi HC judges Justice S.P. Garg to head the judicial inquiry into the matter. The court said that he will be assisted by Director CBI and the inquiry shall be completed within six weeks and a report be submitted in the court.

Further, the court directed the suspension of two erring police officials and the transfer of two senior police officials. It also directed the Delhi Police Commissioner to record the statements of all injured advocates and to immediately lodge the FIR.

Conclusion

New Delhi, Nov 3 (PTI) The Bar Council of India (BCI) on Sunday welcomed the Delhi High Court order directing a judicial inquiry into Saturday”s clash between lawyers and police at the Tis Hazari Court complex here and appealed to all the advocates to maintain peace and harmony.

“In view of the quick and positive step taken by the Delhi High Court in the sensitive matter for redressal of grievances of the Bar, the Bar Council of India appeals to the advocates of the country to maintain peace and harmony and not to resort to any sort of abstention or boycott of courts from Tuesday, November 5,” a statement released by BCI Chairman Manan Kumar Mishra said.

It said the BCI and the bar associations were “satisfied” with the high court order, adding that the bench comprising Chief Justice D N Patel and Justice C Hari Shankar substantially accepted the statements made by the Bar Council.

“The BCI welcomes the historic order passed by the Delhi High Court, thereby addressing the grievances espoused by the BCI and lawyers of Delhi regarding the unfortunate incident of police excesses against advocates at the Tis Hazari Court on November 2,” the statement said.

Lawyers and police personnel clashed at the Tis Hazari Court complex on Saturday afternoon, resulting in injuries to at least 20 police personnel and several lawyers while 17 vehicles were vandalized, according to officials and eyewitnesses.

The high court took suo moto (on its own) cognizance of media reports of the incident on Sunday and said Justice (retd) S P Garg, a former judge of the court, would hold a judicial inquiry into the matter.

It directed the Delhi police commissioner to transfer Special Commissioner Sanjay Singh and Additional Deputy Commissioner of Police Harinder Singh during the pendency of the inquiry and made it clear that no coercive action would be taken against any lawyer.

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