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Published On: Wed, Nov 6th, 2019

No coercive action against lawyers for Nov 3 Order: HC

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New Delhi: Lawyers stage a protest against the police over the recent Tis Hazari Court clashes, at Saket Court Complex in New Delhi, Wednesday, Nov. 6, 2019. (PTI Photo/Kamal Singh)   (PTI11_6_2019_000070B)

NEW DELHI : Lawyers in all the six district courts in the national capital abstained from work for the third consecutive day on Wednesday. The lawyers closed the main gates at the Patiala House and Saket district courts and did not let litigants access the court premises, citing security reasons.

During the protest at Rohini district court, one lawyer took off his clothes and poured kerosene on his body threatening to immolate himself, while another advocate climbed atop a building in the premises. Delhi Bar associations’ members said litigants are not allowed in due to security reasons.
“There are no police officials inside. Who will do the security check of the litigants. There may be some criminals among them too,” said advocate Dhir Singh Kasana, general secretary of the coordination committee of all district courts bar associations in Delhi. Kasana, who is also protesting at the gate of Saket district court complex.

Police protests were triggered by two attacks on their colleagues, one on Monday outside Saket District Court and another on Saturday at the Tis Hazari Courts Complex. The attacks took place after a parking dispute between an on-duty policeman and a lawyer, which led to at least 20 security personnel and several advocates being injured.
Two FIRs were registered against unidentified persons, who were seen in a video hitting a uniformed policeman on a motorcycle with his elbow and slapping him outside the Saket court.

Meanwhile, Delhi High Court dismisses the application filed by the Ministry of Home Affairs (MHA) seeking clarification of the High Court’s November 3 order on the clash between police and lawyers in Tis Hazari Court.
Delhi High Court says its November 3 order directing that no coercive action would be taken against any lawyers on the basis of two FIRs lodged with regard to the November 2 incident, was meant for that incident only. The High Court also remarked that the judicial inquiry panel, which was set up to look into the Tis Hazari clash, will continue to function without any influence of the observation made by this court.
Investigation into the initial FIRs lodged after Saturday’s violence outside Tis Hazari Court should continue, the Delhi Police has told the High Court during the hearing of its review petition. The BCI has, meanwhile, said that the protest by Delhi Police yesterday seems to be “politically motivated” and the “darkest day in the history of independence” and asserted that the guilty police officials should be arrested within a week.
The face-off between the lawyers and police of Delhi escalated today with protesting lawyers forcing all the lower courts shut. A lawyer also sent a legal notice to the Delhi police chief for yesterday’s marathon protests, insisting it was illegal and the protesters should be arrested within a week.
The chairman of the Bar Council of India has assured action against anyone resorting to violence. “The police want full freedom to act against advocates. The police say they would withdraw security of judges and it is one of their demands. The Delhi High Court dismissed petitions from both lawyers and the Centre, saying its November 3 order will not affect the judicial inquiry.

Assuring that the courts will function normally from tomorrow, Bar Council chairman Mannan Mishra said action has been taken against the lawyer who slapped a police officer at the Saket Court on Monday. “The police did not take action against the Constable who had fired against the advocate”.
The lawyers claim that one of their colleagues was shot in the chest during Saturday’s clash at the Tis Hazari Court, in which more than 20 policemen and eight advocates were injured.
“This court should take suo motu action on the provocative statements of the police,” Delhi Bar Council Chairman KC Mittal told the High Court. Despite the Bar Council of India Chairman’s claim of action against the advocate who slapped a policemen, he claimed they did not know if the man concerned was an advocate.
The lawyers also demanded a gag on the media and accused the police of making provocative statements.
The Delhi Police told the court that another policeman was beaten up yesterday at Palam.This morning, along with other senior officers, Delhi Police chief Amulya Patnaik met the Lieutenant Governor . The Delhi Police are under the control of the Union Home Ministry.
Yesterday, at least a thousand policemen gathered outside the police headquarters, blocking an arterial road of the city. The policemen were upset over what they perceived as a lack of the government’s concern about their well-being. The protesting officers submitted a list of 10 demands, which includes the creation of a Police Protection Act.(With Agency Inputs ).

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