Curb on police action in first 2 cases, says Delhi HC

Delhi high court’s order clears the way for police to act against alleged violence by lawyers against police and civilians on Monday and Tuesday.

The Delhi High Court on Wednesday clarified that its November 3 order restraining police from executing coercive action against lawyers were restricted to two cases registered on Saturday (November 2) after the clashes at Tis Hazari Court Complex between lawyers and the police.

A fire service personnel near a burnt police vehicle inside the Tis Hazari Court Complex after a clash between the police and the lawyers, in New Delhi, on Saturday, November 2, 2019. (Amal KS/HT PHOTO)

This clears the way for police to act against alleged violence by lawyers against police and civilians on Monday and Tuesday.

A bench of Chief Justice DN Patel and Justice C Hari Shankar heard the plea from the Ministry of Home Affairs.

The ministry, which also controls the Delhi Police, on Wednesday moved another plea through advocate Anurag Alhuwalia, Central government standing counsel, seeking modifications in the courts certain observations. This sought changes in the remarks where the court had said that how a lawyer was allegedly dragged into the lockup of the district court and that another police officer had opened fire at the lawyers on the orders of Additional DCP Harinder Singh.

It also said that modifications be made in the court observation that Special CP Sanjay Singh had ordered lathicharge at the agitating lawyers.

The police said that the observations interpreted as “conclusive findings” against them in any investigation.

The court, however, said that the observations were “prima facie” and “tentative” in nature and were “only to be read in the context of the order dated November 3, 2019”.

“Otherwise, these facts are to be proved on the basis of the evidences on record,”, the bench said in its 10-page order.

Expressing anguish over the sequence of events that have unfolded in the last few days, the court said, “…with a sense of anguish, that, in our democratic polity, the Bar and the Police establishment represent and constitute, as it were, the preserver, and the protector, of the rule of law.

“They are but two faces of the coin of justice, and it is essential, for the rule of law to prevail, that they work in close proximity and harmony. Any dissonance, or friction, between them, is deleterious to peace and harmony, and destructive of public interest, in the long run,” it said.

It advised that a joint meeting, of responsible representatives of the advocates and the police establishment be convened, who should make a sincere effort to meet and sort out their differences amicably, on the basis of discussion and deliberations, with the objective of dissolution of their differences, which, in our view, have essentially arisen owing to a communication gap, during the last few days.

“We are hopeful that, if a sincere attempt is made in this direction, peace and harmony will ultimately prevail, “the bench added.

Huge drama unfolded in a jam packed court room 1 of the chief justice and there was no space even for the lawyers in the court room.

Prior to commencement of the hearing and even during it, the lawyers were heard making sarcastic comments about the police officers and journalists who present there, leading to some of the scribes moving out of the court room.

Often the leaders of the bar, who were right at the front of the room, had to tell their colleagues to be silent so that submissions made before the bench and its response can be heard.

During the hearing, senior advocates Mohit Mathur, Rakesh Khanna and Kirti Uppal as well as Bar Council of India chairman Manan Kumar Mishra, and other bar leaders told the court that the applications were being moved to seek orders which could be used to harass the lawyers.

They contended that the actions of the police officer, of making “provocative” statements on TV and Twitter, and the media reporting was only worsening the entire situation and was hampering the efforts being made to resolve the entire thing amicably.

However, the court did not pass any orders of restraining the media from reporting on the incidents.

Lawyers in all the six district courts here abstained from work for the third consecutive day on Wednesday, protesting against the clash between advocates and the police at the Tis Hazari Courts Complex last Saturday, and denied access to litigants in some courts.

Police can now act on two cases

Two FIRs were registered in connection with assaults on a constable, and an auto driver allegedly by lawyers during at Saket Court Complex on Monday. Police are yet to identify the lawyers involved in the assaults, despite having video clips showing their faces.

“We are making efforts to identify them. The probe in both the cases are on,” said Atul Kumar Thakur, deputy commissioner of police (south).

With HTC inputs