Threat To Rule Of Law: Karnataka High Court Takes Exception To Assault On Lawyer By Police, Directs State To File Further Action-Taken-Report

The Karnataka High Court on Friday acting on the representation made by Advocates Association of Bengaluru, initiated a suo-moto petition regarding the incident of an advocate being assaulted by policemen at Chikamanagaluru district.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit observed “This is not a happy thing. If there is an attack on a lawyer it does not send a good signal about maintenance of law and order. This is not a happy thing to happen to say the least." It added, “These things would happen in Uganda during Idi Amin's period.”

Expressing displeasure after perusing the photographs of the incident, it said “What about common man, if this happens to a lawyer, this used to happen only in other states, we will not name them...what is this happening. If this happens to lawyers then it is a threat to the rule of law.”

It was submitted that a police team, on night patrol, stopped advocate Preetham for riding a bike without wearing a helmet. It is alleged that the police took him inside the police station and assaulted him till he fell unconscious.

Advocate General Shashi Kiran Shetty filed a memo to the court informing that an FIR had been registered under Section 307 and other provisions of the Indian Penal Code.

Considering the seriousness of the matter and as the superior officer found that there was an element of dereliction of duty by some police officers, it was submitted that a total of 6 officers one of the rank ASI and 4 of constable and 1 of PSI were kept under suspension.

It was argued that considering the severity of the case, the investigation had been handed over to an officer of the rank of Deputy Superintendent of Police.

Counsels appearing for the Advocates Association submitted that even though cases were registered, no action had been taken against the delinquent policemen.

“Apart from registering the case nothing has been done. From morning, lawyers are protesting on the road. They are demanding that policemen who thrashed the young lawyer in the computer room with hockey sticks be arrested. Young advocates are enraged here, they feel we (Advocates) fight for justice but there is no justice for us,” Senior Advocate Vivek Subba Reddy appearing for the Advocates Association submitted.

Upon recording these submissions, the Bench opined that while assurance was given of steps being taken, it did not mean that the Bar should come and seek arrest.

We will certainly monitor this matter by asking for further action taken report. Lawyers place is not on the street (protesting) they are expected to stand before the court and not on streets. We understand there must be a rising of emotions, if some colleague is faced with such action, [but] please don't stand on the streets and abstain from court work,” it said.

Senior Advocate Basavaraj also submitted before the court about the non-passing of a bill for the protection of lawyers by the legislature.

This prompted the bench to orally remark, “the lawyer police conflict is not sporadic. It is like an animal-man conflict. There should be a limit, in few countries an attack on a lawyer is treated as a heinous offence. What is the fun in saying that the law profession is a noble profession. This is the only profession mentioned in the Constitution."

Accordingly, the Court recorded that the Advocate General had assured necessary steps would be taken within the shortest possible time, and directed the state government to submit a further action taken report at the next hearing on December 5.