Police Assault On Etah Advocate: UP Bar Council Requests Investigation By Independent Agency, Allahabad HC Takes CJM's Report On Record

The Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery directed that the report of inquiry (made into the matter by CJM, Etah) be supplied to the Counsel of the State Bar Council, Allahabad High Court Bar Association and the Additional Advocate General by tomorrow (12^th January 2021).

It may be noted that this report has been submitted in pursuance to the directions of the Court dated 7.1.2020. The other records of inquiry too has been remitted to the Court in a sealed cover.

Importantly, the Court also noted that the Uttar Pradesh State Bar Council 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.

The Bar Council has also remitted certain documents to this Court including several photographs and a compact disk.

Lastly, while directing that all the records received from the concerned Chief Judicial Magistrate as well as from the Bar Council be kept in seal cover, the Court posted the matter for further hearing on 19^th January 2021.

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."

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