Allegations Of Merciless Beating Of Lawyers By Police: Allahabad High Court Calls For Proper Inquiry By A Fresh Commission

It was submitted by the Standing Counsel before the Bench of Justice Munishwar Nath Bhandari and Justice Virendra Kumar Srivastava that earlier a Commission of a retired judge was appointed to inquire the police action against the Lawyers.

However, it was submitted, the Commission did not submit a report rather recommended to close the case as according to it, "things get pacified with efflux of time".

To this, the Court said,

"We are not making observation on the recommendation of the Commission as otherwise it was nominated to submit a report and not to make it infructuous with efflux of time. It is more so in a case where the allegations are of merciless beating of the lawyers by the police in a peaceful agitation."

The Court further observed that the issue raised in the writ petition couldn't be closed in the manner "it has been suggested but needs to be taken to a logical conclusion."

The Court said that the logical conclusion is needed to maintain discipline in the administration and police personnel, "who acted mercilessly resulting in multiple fractures to many advocates apart from serious injuries".

It was submitted before the Court by the Counsel for the petitioner that Commission could not complete inquiry as necessary infrastructure and facilities were not provided by the State Government.

The Court further directed,

"Let necessary instructions be taken from the State Government for fresh constitution of Commission and otherwise it should not be taken adverse to the Government because good administration, either in the police or otherwise is required. It is to help the Government because blame of misdoing of some police personnel come heavily on the Government though they keep no such intention or direct the police personnel to take law in their hands. The effort of the Government is always to run a clean administration and facilitate everyone."

Lastly, the Court ordered that "there be a proper inquiry followed by a report so that the Government may take proper decision in the matter thereupon."

The matter has been listed for further hearing on 05.01.2021 to seek instructions for fresh constitution of Commission and a report thereupon.