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Taking suo motu notice of the stand-off between lawyers and Chandigarh Police,the Punjab and Haryana High Court on Thursday stayed the investigation of the FIR registered against 20 lawyers for thrashing a police head constable on the High Court premises on February 26.
A division bench comprising Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain asked the High Courts Registrar (Vigilance) Shekhar Kumar Dhawan to carry out a fact-finding inquiry and submit a report by March 11.
Raising eyebrows over the delay caused in the registration of FIR by the Chandigarh Police,the division bench even held that after going through the FIR,we feel that an independent inquiry by an independent person is needed.
Following detailed discussions and confrontations,the Bar mutually decided to abstain from work on Friday and resume work from March 11 (Monday). To assess the situation,a General House meeting will be held on Monday at 1 pm.
Further,keeping in view that the untoward incident had wider implications,the court issued notices to the Chandigarh Home Secretary,Inspector General of Police and Senior Superintendent of Police,asking them to file their response by March 11.
The order was welcomed by the executive body of the High Court Bar Association and several lawyers of the High Court. The decision was conveyed to the High Court lawyers while a stormy General House meeting was on around 10.30 am. After the order was read out to the lawyers,the Executive Bar decided to call off the strike and resume work from Friday. A decision to this effect was announced by president of the Bar Kulbir Singh Dhaliwal.
This,however,was objected to by the lawyers as they started raising slogans against the president and executive body for not taking the entire Bar into confidence.
Instead,they marched towards the Court of the Chief Justice,sat outside his courtroom and raised slogans demanding justice. Dismissing the suo motu notice as a sweetener,they sought immediate quashing of the FIR.
Refusing to change their stand,the lawyers asserted that till the time the FIR was not quashed,they would not resume work.
Outside the courtroom of the Chief Justice,the protesting lawyers voiced their anguish against some of their colleagues whom they termed lackeys. They also complained that the judiciary intervened late in the matter.
Did the judges have to wait for the lawyers to be cane-charged? Why was this suo motu notice not taken earlier? asked a young lawyer.
Senior lawyers,however,were left red-faced with the unruly behaviour of lawyers. On condition of anonymity,a senior lawyer said,It appears these lawyers have vested interests. What else do they want? They could not have got a better order than this from the Chief Justice. Such misconduct is highly regrettable.
After creating a scene outside the Chief Justices court,the lawyers returned to the Bar room,asking brother lawyers to remain united. An appeal was made that the president be removed and the entire executive should be dissolved. Embarrassed with the unruly behaviour,two members of the Executive Bar even tendered their resignation.
President of the Bar Kulbir Singh Dhaliwal was again called in the General House meeting and was asked to review his decision. However,he announced that the strike should be called off.
To end the stand-off among lawyers,a committee was constituted. The committee comprising advocates Anupam Gupta,R S Cheema,Rupinder Singh Khosla,Minderjeet Yadav and others then went to meet the executive body of the Bar in the evening.
Senior lawyer R S Cheema asked the lawyers to respond to an unprecedented order from the High Court. He advised them not to pick another front with the judiciary,and said strikes should be avoided as they harass the litigants. We provide emergency services like that of a doctor, Cheema said,asking the lawyers not to cripple the court functioning.
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