"Advocates Involved In Anti-Social Activities Taking Advantage Of Robe To Go Scot-Free": Allahabad HC Seeks Details Of Such Cases

Coming down heavily on the advocates who are involved in anti-social activities and take advantage of their robes to go scot-free, the Allahabad High Court has sought details of pending cases against such advocates in Lucknow district.

In a strongly-worded order, the Bench of Justice Shamim Ahmed and Justice Rakesh Srivastava has directed the Police Commissioner of Lucknow to file his personal affidavit stating the details of all those cases which have been registered against advocates along with the status of investigation and trial in District Lucknow.

This order of the division bench of the High Court came against the backdrop of the violent behavior of the lawyers outside the Lucknow District Court campus that took place on October 30.

Importantly, hearing the case on November 30, the Allahabad High Court noted that a large number of cases are pending in which advocates are accused and therefore, the Court sought to know from the District Judge as to how many cases are pending against advocates.

The District Judge has been asked to submit his report giving the status of trial by the next date in a sealed cover.

In this regard, the Court also stressed that any obstruction in the Courts of justice is construed as contempt of courts, and further observed thus:

"...if a complaint regarding activities causing obstruction in the administration of justice is made, then it being a statutory reference, cannot be withheld at the level of the District Judge. It is for the High Court to take an appropriate decision thereon."

During the hearing of the case, the Court was informed about two more incidents of violence that took place in Lucknow district involving the advocates. Taking a serious view of such cases, the Court sought to know about the action taken by the police on these FIRs.

Further, observing that a large number of cases are pending against advocates, but nothing material is being done when it comes to investigation in such matters, the Court remarks thus:

"We are informed that several advocates are indulging in land grabbing, money laundering and other anti-social activities and taking advantage of their robe to go scot free. It appears that the police feels apprehensive when it comes to making arrests in matters pending against advocates, and either submits a charge sheet without accessing them or submits a final report. If advocates are permitted to indulge in violence then maintenance of peace in the society would become an impossibility. Advocates are the officers of the Court and a few black sheep cannot be allowed to tarnish the image of the entire profession."

The Court also said that an organized group of advocates is indulging in extortion, money laundering, blackmailing and is creating difficulty in law and order in the court campus, which is difficult to countenance.

"Such a state of affairs, wherein the rule of law stands hijacked by a few anti-social elements, cannot be allowed to continue," the Court further emphasized.

Consequently, the Court directed the Police Commissioner to file his personal affidavit stating the details of all those cases which have been registered against advocates along with the status of investigation and trial in District Lucknow.

The Police Commissioner has also been asked to revisit the cases in which the final report has been submitted and asked him to order a further investigation in accordance with law, if it is found that there was some laxity in investigation and all the witnesses do not come forward due to fear of the accused persons.

With this, the court posted the matter for further hearing on December 13.

Case title - Piyush Shrivastava (In Person) & Ors. v. State Of U.P. Thru. Prin. Secy. Home Lko. & Ors

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