"No Limits To Atrocities Of UP Police":BCI Condemns Police Assault On Etah Advocate-Requests CJI & CJ of Allahabad HC To Take Action Against Guilty

Update: 2020-12-26 12:30 GMT
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Taking a very serious notice of the incident which took place at Etah, Uttar Pradesh a few days back, the Bar Council Of India has issued a Press Release resolving to request Chief Justice of India & Chief Justice of Allahabad High Court to take "immediate steps to find out the guilty police personnel and issue a direction to Uttar Pradesh Government to immediately put them...

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Taking a very serious notice of the incident which took place at Etah, Uttar Pradesh a few days back, the Bar Council Of India has issued a Press Release resolving to request Chief Justice of India & Chief Justice of Allahabad High Court to take "immediate steps to find out the guilty police personnel and issue a direction to Uttar Pradesh Government to immediately put them under suspension, transfer them and remove them from service."

It maybe be noted that the Police broke open the door of a house, and had dragged & pulled an Advocate (who was in Advocate's dress) and had assaulted him mercilessly. The video of this incident had got viral recently.

Stating that "there is no limit to such atrocities of Uttar Pradesh Police and it has crossed all the limits", the Press Release adds that similar incidents have been witnessed in West Bengal, Bihar and almost all state and that "such actions of the police is rather worse than the crime committed by any hardened criminal/s."

The Press Release also states,

"The act of police of Uttar Pradesh is shocking, this cannot be expected from the protectors of Law and Order. The brutality clearly shows that the police personnel of Etah were acting with some planning with some ulterior motive."

While requesting the CJI & CJ of Allahabad High Court to take actions, the BCI has also added that its request hasn't been considered by Uttar Pradesh Government.

"Can't Tolerate Such Atrocities Anymore"

The BCI has stated in its Press Release that it "cannot tolerate such atrocities anymore and if the Judiciary and the Government are ignoring such atrocities on the Lawyers or even on common man, the Bar will have no option except to come on roads."

It further states that the Council has also resolved to write to Hon'ble Mr. Amit Shah, the Union Home Minister to take suitable action in the matter and make immediate suitable laws for providing protection to the Lawyers of the country.

Other proposed steps of the Council

  • The Bar Council of India has resolved and stated that the entire Legal Fraternity is in support of Bar Council of Uttar Pradesh and Lawyers of Uttar Pradesh on this issue.
  • The Council is going to convene a joint meeting of representatives of all the State Bar Councils through Video-Conferencing to decide the future course of action within 3-4 days.
  • The Joint Meeting shall also consider the inaction of Union and State Governments who have failed to provide any financial assistance to Lawyers during these bad days of pandemic.

The Press Release states that the Apex Court too, "has not done anything to help the Lawyers and the writ filed by Bar Council of India and suo-motu matter are still pending."

"We only wanted some interest free or soft rated loan from Government for the needy Lawyers, but, even that is not being done by the Government", the Press Release states.

Regarding Court Proceedings (Physical, not Virtual)

Expressing "serious concern on the intention of Government in planning to introduce the system of Virtual Hearings of Court proceedings and to give a go-bye to physical hearings", the Press Release says,

"The Rules and proposal to make this system of virtual hearings permanent feature can never be accepted by Advocates of the country. Such proposal would be very dangerous and may lead to putting/ giving the entire system in the pockets of some selected 'big Law Firms' and few other 'blessed Lawyers'. The Indian Bar is not going to accept it at any cost. 'Physical Hearings' should be resumed throughout the country without any delay"

Regarding Foreign Lawyers & Law Firm

Stating that the proposal of Government to allow the Foreign Law Firms has been rejected by Bar Council of India on several occasions in past and all the State Bar Councils of the country and Bar Council of India have been stating and replying that this is not in the interest of the Indian Bar, the Press Release questions the move to raise this issue in the Parliament.

Calling it a matter of serious concern for the .Indian Bar, Bar Council of India has stated that "unless the interest of the Indian Lawyers who practice right from the Lower Courts to the highest Court of the land are protected and Indian Law Firms/Lawyers are allowed to practice and establish in the bigger countries like USA, UK, Australia and other European countries without any rigorous/impractical conditions, on reciprocal basis, the Indian Bar will not allow the foreign Lawyers or Law Firms to establish here."

Furthermore, the Press Release adds that the area of practice of foreign lawyers has to be very limited, "so as to not to affect the Indian Lawyers practice in Civil, Criminal and other Laws."

Lastly, it states,

"Lawyers and Law Firms of some of the irrelevant countries are applying for practice in India, while there is no scope for Indian Law Firms or Lawyers to practice in those countries and it would open a flood gate for them in our country without any benefit to Indian Lawyers."

The Joint Meeting of representatives of State Bar Councils and High Court Bar Associations would be considering all the issues in coming week.

Click Here To Download Press Release

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