The Allahabad High Court has taken strict action against the advocates who beat up the litigants in the courtroom and has restrained them from practising in any court of UP.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Mohammad Azhar Husain Idrisi passed this order while acting on a reference sent by the Prayagraj district judge.
In this matter, reference has been received from the Court of Civil Judge (Senior Division), Prayagraj stating that while proceedings of Original Suit Mulayam Singh vs Tersu Lal was going on, a group of lawyers entered the Court and started pressurizing the Presiding Officer to take up Original Suit Ran Vijay Singh & another vs Khursheed Ahmad & others
The plaintiff himself is a lawyer. The Presiding Officer was pressured to take up the case of Original Suit immediately and the litigants of the aforesaid matter were physically assaulted inside the Court. The Presiding Officer was also ill-treated.
Entire facts in that regard have been recorded in the proceedings of Original Suit. The District Judge, Prayagraj has forwarded the reference to the Court. The Presiding Officer in her order has mentioned that the President of the Bar tried to resolve the issue but Ran Vijay Singh and Mohd Asif, Advocate did not even listen to the President. The President of the Bar Association thereafter left the Court in order to save himself.
The crowd which had come in support of unscrupulous lawyers came on the dais and physically assaulted Monis Parvez Ansari and his wife. When these litigants tried to enter the chamber in order to save themselves the crowd brought by the aforesaid two advocates entered the chamber of the Presiding Officer and physically assaulted the litigants. The Presiding Officer rushed to the chamber of Chief Judicial Magistrate to save herself. The concerned A.C.P/S.H.O was immediately informed on phone.
However, the Presiding Officer has stated that the incident occurred in the Court and chamber is scary and there is a threat to her life and liberty also. It was much later that the police personnels arrived and the Presiding Officer could enter her chamber. The Presiding Officer has recorded the manner in which the incident has occurred. It has left a serious question mark on the manner in which the court proceedings are being conducted. The reference made by the Presiding Officer shows a complete breakdown of the court proceedings at the instance of lawyers. Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously.
Having found prima facie allegation to exist of criminal contempt against Advocates Ran Vijay Singh and Mohd Asif, the Court issued notices to them as to why they be not punished for committing criminal contempt. We also call upon the District Judge, Prayagraj to submit a report after perusing the CCTV footage etc relating to involvement of other counsels or individuals who too had committed contempt.
In the facts of the case, the Court also invoked its jurisdiction under Chapter XXIV Rule 11(2) of Allahabad High Court Rules, 1952 and prohibited Ran Vijay Singh and Mohd Asif from entering the premises of District Judgeship at Allahabad. These advocates are restrained from practice in the State of UP.
The Court also called upon the Commissioner of Police to submit a report with regard to security arrangements existing in the court premises. The Commissioner will also ensure that adequate police force is deployed on the instructions of the District Judge, Prayagraj, so that the incident does not recur.
Copy of the order shall be sent forthwith to the District Judge, Prayagraj, Commissioner of Police, Prayagraj as well as lawyers against whom proceedings of criminal contempt are initiated under our orders, the Court ordered.