Centre told to consider framing rules for lawyers' prosecution
The Delhi High Court on Wednesday said that the Centre should take up the issue of framing guidelines for the prosecution of lawyers on the lines of judicial officers in criminal cases.delhi Updated: Feb 09, 2011 16:58 IST
The Delhi High Court on Wednesday said that the Centre should take up the issue of framing guidelines for the prosecution of lawyers on the lines of judicial officers in criminal cases.
"The Additional Solicitor General, appearing for the Centre, is requested to take up the matter (for framing the guidelines for prosecution of lawyers) with the authorities concerned," a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.
The bench, however, declined to frame the guidelines on its own saying it was not its job and disposed of a PIL filed by Vibhas Kumar Jha, a lawyer.
"The sanction from authorities concerned was necessary to prosecute judicial officers and other government officials and on similar lines, guidelines should be framed for trying lawyers in criminal cases as they are also the officers of the court," Jha said.
Police officials are often inimical to lawyers and they treat advocates shabbily and for that purpose alone, the framing of separate guidelines was necessary, he said.
Disposing of the PIL, the court said, "The guidelines are already there. The Supreme Court, in the famous judgement in the D K Basu case, had outlined the rights of a person, sought to be arrested in a criminal case."
Jha, whose petition was later converted into PIL, said that he was caught for traffic violation as he was driving his car in the lane reserved for the vehicles of the Commonwealth Games.
Instead of issuing a challan for the offence, the traffic cops "harassed" him and took him the police station where he was forced to wait for hours, he said.
Later, the court of a magistrate ordered registration of an FIR against unknown policemen under relevant penal provisions of the IPC, dealing with wrongful restraint and non-compliance of law by public servants.
Police, in the status report, denied the allegations saying in fact, it was the lawyer who had misbehaved with the traffic police personnel.
Later, Jha approached the High Court which treated his petition as a PIL.