"Can't Sit & Watch Lawyers' Unruly Behaviour": Allahabad High Court Orders Enquiry Into Lucknow District Court Violence Incident

Stressing that the court can't sit and watch the unprofessional and unruly behavior of the lawyers as a mute spectator, the Allahabad High Court on Wednesday ordered an inquiry into the violent behavior of the lawyers outside the Lucknow District Court campus on October 30.

The Bench of Justice Shamim Ahmed and Justice Rakesh Srivastava also observed that the Court is duty bound to ensure that the citizens do not face any difficulty in accessing justice.

The matter before the Court

Essentially, the Court was dealing with a plea filed by advocates practicing at Lucknow seeking the appointment of a responsible administrative or judicial officer to conduct a thorough inquiry into the incident dated 30.10.2021 that happened adjacent to gate 6 of the old high court building (near Lucknow District Court complex).

As per alleged facts of the case, on October 30, the accused persons in the Ayodhya Prakaran were ordered to be enlarged on bail, however, one Satish Kumar Verma, claiming himself to be an advocate, accosted the petitioners and asked them not to file bail bonds of the accused persons

Still, At about 3 pm Shailendra Kumar Misra verified the bail bonds as well as the sureties, and at about 4 pm the accused persons were released on bail.

Thereafter, it is alleged that at about 4.40 pm the same day, 30 to 40 advocates surrounded the petitioners near Gate No. 6, Old High Court Building, and hurled abusive language, and badly assaulted the petitioners.

A first information report was also lodged with the Wazirganj police station. It was further averred that it is not safe to perform lawful duties in the District Courts of Lucknow as violence with litigants, police personnel and lawyers has become the rule of the day.

Court's observations

Stressing that any effort to obstruct the rule of law has to be curbed with a heavy hand, the Court directed the Deputy Commissioner of Police to hold an inquiry and identify the persons who are involved in the incident by taking help of the averments made in the writ petition as well as the photographs and CD annexed with the writ petition.

Further, the District Judge, Lucknow, the President of Lucknow Bar Association, and the Central Bar Association were directed to extend all help to the Deputy Commissioner of Police in identifying the culprits.

The Court has called for the report from the Deputy Commissioner of Police on November 23.

Further, noting that in 2017, an FIR WAS lodged by the then Chief Judicial Magistrate, Lucknow against Anurag Trivedi, Saifi Mirza, and others complaining about the violent behavior of the lawyers, the Court called it strange that on the report of the Chief Judicial Magistrate, no arrest had been made. The Court has called for the report regarding that case as well.

Lastly, the District Judge, Lucknow has also been directed to send a comprehensive report regarding the incident of 30.10.2021 wherein he shall also state the action taken on the reference made by the Chief Judicial Magistrate.

Lastly, the Deputy Commissioner of Police is directed to provide armed security to the petitioners, namely, Piyush Srivastava, Shailendra Kumar Mishra, and Ms. Suchita Singh.

Case title - Piyush Shrivastava (In Person) & Ors. v. State Of U.P. Thru. Prin. Secy. Home Lko. & Ors

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