Tis Hazari Clash : Delhi HC Issues Notice To Bar Associations In Plea By Policemen For Protection From Coercive Action

The High Court on Friday issued notices to Bar Associations, Bar Council of India and the central government to a file their replies to an application moved by the police officers who are suspected to have fired gun shots during the Tis Hazari clash. 

The said police officers have moved an application seeking interim protection from coercive action until the judicial enquiry is completed. 

The counsel for the petitioners submitted before the court that it is not an application for anticipatory bail but a plea for seeking protection of the applicant pending the judicial enquiry. 

The counsel also sought a direction to be issued to the subordinate courts to not to issue any orders in this matter pending the judicial enquiry. 

It was further argued that police and lawyers had a meeting regarding the ongoing strikes. It was decided that the ongoing strike would be called off, however after a halt of few days, the strike of lawyers resumed, demanding the arrest of the applicant. The counsel said:

'This doesn't reflect nicely on both the professions. Litigants are the ones who are suffering because of the strikes'

Appearing for Delhi High Court Bar Association, Mr Mohit Mathur argued that there cannot be a parity between the protection granted to lawyers against whom FIRs were lodged, and the two police officers who fired gun shots. He said:

'We've been complaining about the inaction of police. I don't know how this apprehension of arrest has arisen for these police officers'

The Division Bench of Chief Justice DN Patel and Justice Hari Shankar also noted that no coercive action can be taken against the applicants till the notices are filed. 

Earlier, in its order passed on November 3, Delhi High Court had directed the said suspected police officers to be suspended from official services pending the judicial enquiry. 

Bar Council of India as well as the Bar Associations of the Delhi High Court and of all the district courts have been repeatedly demanding for the arrest of the two suspected police officers who have been alleged of firing gunshots during the clash which caused injuries to three Advocates.