Delhi Bar Associations To Abstain From Work Tomorrow Over Judgment Convicting Rajiv Khosla

The Coordination Committee of All District Court Bar Associations of Delhi today unanimously resolved to go on complete abstinence of work tomorrow in the district courts against the recent judgment convicting former Delhi High Court Bar Association President Rajiv Khosla for assaulting a woman lawyer Sujata Kohli in the year 1994.

"All the members of the Co-ordination Committee unanimously resolved to go on a complete abstinence of work in all the District Courts for one day i.e. 09.11.2021 and also resolved to have a meeting with Hon'ble Chief Justice of Delhi High Court to discuss the abovesaid matter," the resolution reads. 

According to the resolution, the committee has further resolved that in case the matter is not resolved after the meeting with Chief Justice, the committee will observe "complete indefinite boycott of the court of concerned judicial officer."

This comes after Chief Metropolitan Magistrate Gajender Singh Nagar of the Tis Hazari Court recently convicted Khosla in the matter.

The Court was of the opinion that the testimony of the Kohli qua her allegation of being pulled by hair and arm by Khosla and the threat that she will not be allowed to practice from Tis Hazari Court was "absolutely truthful and creditworthy."

Complainant Sujata Kohli, who was a practicing lawyer earlier, became a judge in the Delhi judiciary and retired as District and Sessions Judge last year.

The allegations against Khosla were that in July 1994, when he was the Secretary of Delhi Bar Association, he had asked Kohli to join a seminar and on her refusal, threatened her that all facilities from the Bar Association would be withdrawn and she would be dispossessed of her seat as well.

A civil suit was filed by her seeking appropriate injunction however, her table and chair were removed from its spot. It was thereafter alleged by her in the complaint that when she was sitting on a bench placed nearby her seat while waiting for visit of the Civil judge, Rajiv Khosla alongwith co-accused had came with a mob of 40-50 lawyers.

According to the complainant, they all surrounded her, and Khosla stepped forward and pulled her from her hair, twisted her arms, dragged her by hair, uttered filthy abuses and threatened her.

While the FIR was lodged by police in August 1994, the complainant had filed a complaint case on being utterly dissatisfied with the investigation in March 1995.

"Delhi Bar Association is undisputedly a very strong and formidable body of lawyers and more often, police is very slow in taking any action when it comes to lawyers. In the case in hand the accused was a prominent leader of Bar, at the relevant time he was Honorary Secretary of the DBA," the Court had said on the aspect of Police witnesses not supporting the case of the complainant.

The Court was of the view that the act of pulling someone from hair and arm would result in bodily pain and thus offence under Section 323 (voluntarily causing hurt) IPC was made out as bodily pain was inflicted on the complainant.

The Court had observed thus:

"It is common knowledge that now a days people are becoming self-centered and they find it safe to keep mum even if they see an injustice being done to any person. This is becoming harsh reality these days. These days nobody comes forward to save some one or to stood witness for someone unless and until one has personal interest in the matter."

"The complainant was an advocate, she was aware about all the legal provisions, if she had to cook up a story she could have easily made up a story that in the late hours after dark she was attacked or molested by the accused which is not the case here. In the present case complainant has alleged the attacked in the broadly day light in presence of a number of lawyers, soon before the visiting of Ld Civil Judge. It is impossible for a person to so minutely cook up a story as allegedly done by the complainant."