Allahabad HC Directs Jt. Commissioner Of Police To Inquire Into Alleged Incident Of Property Usurpation By Advocates In Lucknow

A bench of Justice Rajan Roy and Justice Narendra Kumar Johari passed this order while hearing a writ plea filed by one Pushkal Yadav who claimed that his property was usurped by 50-60 persons who came dressed in Advocate's uniform.

In its order, the Court directed that the Joint Commissioner of Police (Law & Order), Police Commissionerate, Lucknow, who is already heading a committee which is looking into the complaints regarding alleged lawyers taking over the property of common persons, will inquire into this matter as well.

The Court also directed that the role of local police shall also be inquired in the context of the allegations made as to how if any such offence has been committed, such a huge crowd might have reached the scene.

“Based on the result of the inquiry, it shall be open for the police to take such action as may be permissible and required in law without waiting for any order by this Court, meaning thereby, pendency of this petition shall not be made a ground for taking any action against the persons, if any, offence has been committed. While taking action the relief prayed herein shall also be kept in mind,” the Court further directed.

The Commissioner of Police, Lucknow has been directed to oversee the inquiry and ensure that it is held fairly and properly.

The Court, however, clarified that it was not expressing any opinion on the merits of the allegations by the petitioner which are open for inquiry. The matter will now appear as fresh on April 8.

Here it may be noted that in January this year, the Allahabad High Court (Division Bench) referred a bunch of cases involving lawyers accused of land grabbing to the Chief Justice to nominate a specific bench that will be responsible for the regular hearing of these cases.

The order was passed by a bench of Justice Rajan Roy and Justice Narendra Kumar Johari to streamline and expedite hearings in these matters that are primarily related to the allegations against the lawyers, including individuals falsely representing themselves as lawyers to grab or attempt to grab properties.

It may be noted that the Allahabad High Court, in November 2023, took note of many instances wherein Advocates had assisted land mafias in grabbing citizens' property of citizens while donning their uniforms.

In that case, the Court had also directed the Bar Council of Uttar Pradesh to issue guidelines that the Advocates should avoid wearing uniforms outside the Court premises.

In December 2023, the Police Commissioner of Lucknow had assured the High Court that he had constituted a Special Cell under one Joint Commissioner of Police, (Law and Order), a very senior I.P.S. Officer to look into the complaints regarding alleged lawyers taking over the property of common persons and to take immediate action on receiving any such complaints in the future also.

The Commissioner of Police Lucknow had also conveyed to the Court that the constitution of the said cell shall be publicized in newspapers and other permissible means including media so that the public comes to know about the same and such activities are curbed at the earliest.

Case title - Pushkal Yadav vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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