'Approach Appropriate Forum': Punjab & Haryana HC Declines Interim Bail Plea Of HC Bar President In FIR For Assaulting Advocate

The Punjab & Haryana High Court today, has dismissed the application seeking interim bail for Punjab & Haryana High Court Bar Association President Vikas Malik, to attend Bar Council proceedings against him relating to allegations of sexual harassment and embezzlement of funds of the Bar Association.

Malik was recently arrested under an FIR registered against him for allegedly assaulting another advocate, Ranjit Singh. The Bar Council of Punjab and Haryana has suspended the licence of Malik and barred him from practising before any court till a final decision is made on the complaints against him. 

The application for bail was filed in the PIL filed against him, by advocates of Punjab & Haryana High Court, alleging that Malik and the Secretary of High Court Bar Association, Swaran Singh Tiwana have misused and embezzled the funds of the Association. 

While dismissing the plea seeking interim bail, a bench of Chief Justice Sheel Nagu and Justice Vikas Suri asked the advocate appearing for Malik to "approach the appropriate forum."

It was submitted in the application that the FIR was filed against him by rival groups by fabricating the facts and to show their power, a charge of "attempt to murder" was also added by the Police in the alleged assault case. Malik also tendered an unconditional apology through his lawyer and contended that he was arrested on false allegations.

In the previous order, the bench said that the Bar Council of Punjab & Haryana should decide the matter at the earliest to avoid any further complications relating to allegations of sexual harassment and embezzlement of funds of the Bar Association against Malik.

Chief Justice Sheel Nagu and Justice Vikas Suri said, "This Court is of the considered view that this matter should be brought to its logical end as early as possible to avoid any further complication in the matter. A pivotal role has to be played by the Bar Council, which is the mother body of all the Advocates registered and practicing in Union Territory Chandigarh as well as both the States of Punjab and Haryana."

These observations were made while hearing a PIL filed by advocates of Punjab & Haryana High Court, alleging that Malik and the Secretary of the High Court Bar Association, Swaran Singh Tiwana have misused and embezzled the funds of the Association.

The plea also stated that during a General Body meeting in April, there was an order to remove both office bearers. When lady advocates asked Malik to let the Vice President take charge of the office, he misbehaved with them, it added.

Previously, the High Court directed the Bar Council to look into the sexual harassment allegations against Malik.

"It has been brought to our notice that various complaints of sexual harassment of lady Advocates and lady employees of the Bar Association have been received against respondent No.2. (Vikas Malik) Resultantly, the office of the Chief Justice, which is in receipt of these complaints, is directed to supply copies of the said complaints to the Bar Council to look into these allegations also and to proceed accordingly. Being the Ist Bench, it is the bounden duty of this Court to protect the the prestige of this Institution, which apparently has been lowered by respondent No.2, who still has not come forward to put in appearance even today, though well aware that the proceedings are pending before this Court," the division bench observed.

The matter is listed for July 30, for further consideration.

Title:Anjali Kukar and others v. Bar Council of Punjab and Haryana through its Chairman and others