The Allahabad High Court directed the Registrar General to conduct a discreet inquiry and submit a report identifying the unruly advocates.
The Division Bench of Justice Suneet Kumar and Justice Syed Waiz Mian dismissed a Petition filed by a practising advocate seeking the transfer of a case on the ground of an unfair investigation being conducted by the police.
Additional General Advocate, at the outset makes a statement before the High Court that the relief claimed by the petitioner with regard to transfer of the investigation, the Commissioner of Police, has transferred the investigation to the Crime Branch. He further submitted that on the allegations made by the petitioner with regard to the unfair investigation, an inquiry has been set up on the administrative side on the alleged conduct of the police officials.
Under the circumstances, the Bench held that the grievance of the petitioner no longer survives. However, on request of the parties,the Court put up the matter on 30th January, 2023. “In the meantime, the Investigating Officer of the Crime Branch shall conduct the investigation fairly without any pressure or coercion from either of the sides and conclude the investigation expeditiously. On the date fixed, learned A.G.A. to inform the Court with regard to the status of the investigation”, the Bench directed.
After passing of the order at about 11:40 a.m. in a considerably packed court, the High Court noted thereafter the petitioner, a practising advocate, had provoked the members of the Bar to assault the officers who were summoned by the Court. A large crowd of advocates had assembled in the Court and a larger number outside the Court in the verandah and staircase, and raised slogans to assault the officers. The conduct of the members of the Bar creating ruckus and continuous murmuring, tantamounts to interference with the judicial proceedings.
This incident had occurred at around 12:35 p.m. In order to ensure the security of the officers, including, lady officer, they were escorted from the entry door of the Judges through the judges corridor via judges lift. One of the officer had to accompany the Court (Judges) to avoid an untoward incident, the Court directed . The Court was informed that the officers were chased by the advocates towards Gate No.1 to assault them.
“The matter requires to be inquired to identify the unruly advocates.
Accordingly, the Registrar General is directed by the High Court to conduct a discreet inquiry and submit a report. The case would be registered as a separate case. Having regard to the conduct of the advocates, it appears that the drama was stage managed to malign the Court proceedings. In the circumstances, the Court is not inclined to monitor the investigation. Petitioner has a remedy before the Magistrate. The writ petition is accordingly, dismissed, having rendered infructuous”, the order reads.