LI Network
Published on: 05 September 2023 at 14:56 IST
In response to the recent violence against lawyers in Hapur, the Allahabad High Court has issued a directive to the Uttar Pradesh government, instructing them to appoint a retired judicial officer to the Special Investigation Team (SIT) currently investigating the incident.
The lawyers had expressed concerns that the absence of a judicial officer within the SIT might lead to a biased investigation. Additionally, the court has instructed the Superintendent of Police to formally register and investigate the complaints filed by the lawyers regarding the incident, as it was revealed that only a one-sided First Information Report (FIR) had been lodged initially.
During the hearing of the suo motu Public Interest Litigation (PIL), Additional Advocate General Manish Goyal informed the division bench, consisting of Allahabad High Court Chief Justice Pritinkar Diwakar and Justice MC Tripathi, that the state government had accepted the demand of the Bar Association, and a Special Investigation Team, led by former district judge Harinath Pandey, has been constituted.
The President of the High Court Bar Association, Ashok Kumar Singh, and General Secretary Nitin Sharma emphasized the importance of considering the Bar Council’s demand.
They suggested the inclusion of a retired High Court judge and a representative of the Bar Council in the inquiry committee, as they lacked confidence in an impartial investigation conducted solely by the police committee.
The court expressed its desire for a fair investigation and urged against any unwarranted actions before the investigation’s completion. It objected to the use of the term “strike” by the Bar Council, highlighting that such actions were in violation of the Supreme Court’s order.
The court also reminded that it represents the interests of both the Bench and the Bar, and the ongoing strike has created significant difficulties for litigants. The court encouraged cooperation with the lawyer investigation.
Furthermore, the court disapproved of the strikes, emphasizing that they not only inconvenience litigants but also undermine the administration of justice itself. The court called upon the Bar Council of Uttar Pradesh and the various bar associations to resume their work promptly to prevent any adverse consequences.
The court’s operative order stated:
“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. We also direct 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. The Superintendent of Police, Hapur shall ensure that the complaint lodged by the advocates of the incident is also duly registered and investigated as per law.”
The court expects lawyers and their representative bodies to act responsibly in accordance with the law laid down by the Supreme Court of India to avoid further disruptions in the justice system. The court emphasized its readiness to intervene if any aggrieved individuals seek its assistance.
Also Read: SC Bar Association Stands Fully With Lawyers of Hapur – Law Insider India
