Lady Lawyer's Plea Alleging Police Harassment: SC Directs Police To Look Into The Matter
In a packed courtroom on Friday, a lady advocate narrated an unfortunate episode of her having been manhandled by two policemen outside the Delhi High Court in the wee hours of the morning. "They hit me...I fell down but they kept beating me...they snatched my phone...I was crying and they left me there...I could not even book a cab...somehow I got to gate 4 where they helped get an...
In a packed courtroom on Friday, a lady advocate narrated an unfortunate episode of her having been manhandled by two policemen outside the Delhi High Court in the wee hours of the morning.
"They hit me...I fell down but they kept beating me...they snatched my phone...I was crying and they left me there...I could not even book a cab...somehow I got to gate 4 where they helped get an auto...", she almost broke down before the bench headed by Justice S. A. Bobde.
She contended that the assault was in the wake of her 2018 petition alleging sexual harassment against two veteran lawyers, my petition against them is listed now on March 25 after over a year? And I am being physically assaulted?! This has crossed all limits! And this is not the first instance where I have been targeted! Lot of events have happened!"
"I was called to the Tilak Marg police station to pick up my phone. But when I went this morning at 8, it was completely broken! One of the policemen from last night is is definitely from this police station because I saw him there...I had clicked pictures of them last night but now my phone has been destroyed!", she urged passionately.
"I have sent an email complaint to the Secretary General of this court and the police commissioner. I intend to move an application for interim protection describing what has happened and providing evidence. Even if my phone was destroyed, I had turned on the audio recording last night. The Entire assault is on audio tape- me crying, their slaps! The entire episode would also have been captured on the CCTV cameras there!"
When the bench requested Senior Advocate Indira Jaising (who was present in court) to extend legal assistance and offered to bring the police to the lady advocate's aid, she vehemently refused- "I don't want legal assistance! I don't want any other lady lawyer's help! No lawyer has come to my aid for 9-10 years! I can fight my own battle!"
She also refused to approach the police- "I just need some protection! What will I do with the police? My complaint is with them! Let them handle it!"
"We will do the right thing. You cannot dictate our order. This is not a police station where you can come and complain...we are telling you what to do now! You can't tell us! You have already taken up 15 minutes of our time!", observed Justice Bobde sternly.
"So I shouldn't have mentioned? A lady advocate is sexually harassed and thrashed and that is worth less than 15 minutes of the court's time? I am wasting your time?", she argued.
"Don't put words in our mouth! We are saying don't waste our time now that we are passing the order... We can't hear you any more...", stated Justice Bobde.
Procuring Ms. Jaising's assistance as an advocate of the court, the judge inquired about the correct course of action.
Ms. Jaising submitted that first of all, a proper FIR be registered. If there is no action on it, then a petition could lie for a mandamus to the police to investigate- "the jurisdiction is with the Tilak Marg Police station. But a zero FIR can be recorded elsewhere if there is apprehension of bias
The bench directed the concerned ACP to look into the matter, requiring the woman advocate to file a FIR and to seek protection when she apprehends danger. However, the bench declined to list her petition next week.