Trouble for Gujarat BJP leader over ‘attack’ on judiciary

The controversy follows the HC’s August 14 proceedings in which a Division Bench of Chief Justice Sunita Agarwal and Justice D N Ray orally directed the Gujarat government to transfer a senior IPS-rank officer serving as Deputy Commissioner of Police in Surat, who was allegedly seen in videos beating and publicly humiliating accused persons –  proceedings stemmed from a July 14 representation by advocate Utkarsh Dave seeking judicial scrutiny of videos allegedly showing Surat DCP Rajdeepsinh Nakum, accompanied by police personnel, parading handcuffed accused persons and assaulting them. The High Court took suo motu cognisance on July 22.

According to the GHCAA resolution, the Association alleged that the posts amounted to a “systematically planned and predetermined attack on judiciary with a view to achieve a goal to put judiciary under executive’s pressure”. It also objected to what it described as an attempt to attach a communal colour to judicial proceedings. The Association described the posts as “absolutely contemptuous” and said they undermined the authority of law.

The GHCAA has requested all Bar Associations across Gujarat representing courts and tribunals to pass resolutions condemning the posts. It has also asked the national president of the BJP to forthwith suspend him “if the organisation is committed to maintaining the “dignity and decorum of the judiciary”. GHCAA president Senior Advocate Yatin Oza said, “The (GHCAA) is concerned about repeated attacks on the judiciary when judicial orders are not favourable to an organisation… This happens across the country and so, the Association has authorised me to seek the appointment of the Chief Justice of India in the matter.. A member advocate of the Association will also move the Chief Justice of Gujarat during the next hearing in the suo motu petition.”

The Association further resolved to seek Gujarati’s public apology in newspapers and publish the apology as a post on Facebook and Instagram.

Other concerns

On Tuesday, the GHCAA also issued the minutes of an extraordinary meeting held on August 13, expressing “serious concern” over FIR lodged against noted criminal advocate Hitesh Gupta, his advocate wife Shubhra as well as an unnamed junior advocate at a police station. The Association said it was “concerned about the independence and dignity of the profession”, while clarifying that its intervention was not intended to obstruct any lawful investigation or judicial proceeding or pronounce on guilt or innocence. It authorised its office-bearers to make representations to authorities and take lawful steps to protect advocates’ professional rights.

The August 17 meeting also took up the issue of judicial vacancies. The GHCAA urged the Chief Justice to fill all 19 vacancies of High Court judges without delay and start the appointment process immediately. The resolution said more than one-third of the sanctioned vacancies remained unfilled, while courts were dealing with a heavy workload, with “more than 600 matters” in some courts being mentioned for priority each day. It also noted that the vacancies had remained unfilled for more than two years and said lawyers were finding it difficult to explain to clients why admission matters had remained pending for more than five years.