After the fact-finding report,Bench orders FIR cancellation

As the PIL arising of a suo motu notice taken by the High Court came up for hearing,the division bench comprising Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain referred to the report prepared by the Registrar (Vigilance).

While taking suo motu notice of the “untoward” incident and staying the investigation by the Chandigarh Police into the FIR,the High Court had asked the Registrar (Vigilance) to submit a fact-finding report.

The Registrar,after recording statements of Khosla and Ramesh Chand,said the “matter in controversy has already been resolved between the parties amicably”.

The report reads that “both the parties are not willing to agitate the matter further in any way. In the given circumstances,it would not be appropriate to go back to the cause of the incident and the matter in which the alleged unfortunate incident took place”.

“If the matter proceeds further in any court of law,there is no likelihood of any success and that would ultimately prove as exercise in futility. Hence,it is recommended that in view of the statement of the parties,the matter deserves to be closed,” the report adds.

After going through the report,the bench ordered cancellation of the FIR.

The Bench,however,flatly refused to entertain the application moved by social activist Hemant Goswami who had sought its intervention. Goswami had submitted that no “special privilege” should be given to lawyers.

Questioning Goswami’s locus standi,the bench observed,“Both the parties have settled the dispute. Who are you? There is no question of intervention.”

Appearing on behalf of the High Court Bar,senior advocate R S Cheema drew attention of the court towards the second FIR registered by the Chandigarh Police against lawyers for violating Section 144 of the CrPC. To this,the counsel for Chandigarh Police assured the court to seek instructions from the administration in the matter.

Later,at the Bar meeting

An hour after the High Court quashed the FIR,High Court lawyers gathered in the High Court Bar room to celebrate their “victory”. Rupinder Khosla thanked the lawyers who stood by him “in a period of crisis”. He requested the lawyers to maintain unity. Senior lawyer R S Cheema urged the lawyers to respond to and acknowledge the “extraordinary” judgment by the court. “In struggle,be fearless. In defeat,be defiant,and in victory,be graceful,” said Cheema. Significantly,the Bar lawyers did not allow senior lawyer Anupam Gupta to speak. When,towards the end,the former senior standing counsel offered to address the Bar,a large section of the lawyers opposed the request. When,in support of Gupta,a lawyer urged the Executive Bar to allow Gupta to speak,the lawyers shouted “No”. Gupta had been at the forefront representing the lawyers in the strike.

Honour for ‘bravehearts’

For having suffered injuries,the “bravehearts” will be honoured by the High Court Bar,according to Sapan Dhir,vice-president of the High Court Bar. A few lawyers were injured after they were canecharged by the Chandigarh Police.