"Whether A Lawyer Has Any Privilege Against Coercive Action By Police When He is In Prescribed Robes? Allahabad HC To Examine In Etah Case

On going through the complete report given by the CJM, Etah and the other material available on record, the Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery came out with the following issues: -

• Whether a police team is having any authority to use unlawful force while arresting a person who has been assigned for taking law in hands when police tried to arrest him?
• Can the police be used as an agency to dispossess a person from possession of an immovable property or to restore possession of a property with a person on having a report with allegation of unlawful possession or unlawful dispossession of such person from such property?
• Whether the administrative authorities including the police authorities are well within their rights to get a person evicted from the premises against whom a decree has been granted by a competent Court, without there being any order in execution proceedings by executing Court?
• Whether the Advocates Act, 1961 extends any privilege to an advocate for being not taken any coercive action by the police against him, if he is in prescribed robes?

The Counsels for the rival parties were directed to address the Court on the issues referred above and thereafter, the petition was listed for further hearing on 02^nd February, 2021.

Lastly, the Court said that it was not inclined to accept the request made by counsels appearing in the matter, for change of investigating agency.

It may be noted that during the last hearing in the matter, the Court had noted that the Uttar Pradesh State Bar Council had sent a sealed envelope to the Court requesting to get the entire matter investigated by some independent agency like Central Bureau of Investigation or Crime Branch of C.I.D.

Background of the Case

The Allahabad High Court took suo-motu cognizance of this incident and thereafter the Court had sought a complete report of the incident, wherein Rajendra Sharma, a practicing Advocate at Etah was beaten and manhandled by the police and his relatives too were harassed and humiliated.

Significantly, the Bar Council of India has already issued a statement condemning the police assault and had urged the Chief Justice of the Allahabad High Court and the Chief Justice of India to take suo moto cognizance of the same.

The Press Release also stated,

"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 had also added that its request was not considered by Uttar Pradesh Government.

The SCBA too condemned the police assault while stating,

"The brutal assault of a member of our fraternity in Etah in his house when he was with his family is atrocious and unacceptable. It is a gross and calculated action on the part of the police in total contravention of law", the SCBA commented.

"The Supreme Court Bar Association expresses its serious concern on the reprehensible conduct of the police in both these cases and calls upon all concerned authorities to take serious punitive action against all concerned for their atrocious conduct which denigrates and violates the mandate of the Rule of law", the SCBA statement said in conclusion.

Also, taking a serious note of this incident, the High Court Bar Association, Allahabad had sent a Letter requesting the Chief Justice of Allahabad High Court to take "suo motu cognizance of the said incident and pass appropriate orders to maintain the law and order situation of the state."

The letter was addressed to Chief Justice of Allahabad High Court and was issued by Mr. Prabha Shankar Mishra, General Secretary, High Court Bar Association, Allahabad, stating,

"The way the lawyer and his family members were brutally beaten up by the administration and the police, the advocate community is experiencing a sad feeling and it seems that the advocate community Is the most neglected community of all."

Importantly, the Allahabad High Court last week took on record the report of inquiry, made by the CJM, Etah into the matter. This report was submitted in pursuance to the directions of the Court dated 7.1.2020.

In related news, the Allahabad High Court recently dismissed a plea seeking direction to State to introduce a Bill "Advocate Protection Act" for the protection of Advocates practicing in the State.

The Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery observed,

"We do not find ourselves legally equipped to give any direction for Legislation of any enactment."

This observation came in a plea preferred by one Sunita Sharma and another seeking direction to the Principal Secretary, Law and Justice, Uttar Pradesh to introduce a Bill "Advocate Protection Act".