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HC restrains 6 advocates from entering district court premises
The advocates were involved in incidents reported from three district courts — Aligarh, Garh Mukteshwar and Allahabad.
A seven-judge bench of the Allahabad High Court has restrained six advocates from entering the premises of the district court after taking serious note of their alleged involvement in assaulting judicial officers or creating disturbance within the court premises. The advocates were involved in incidents reported from three district courts — Aligarh, Garh Mukteshwar and Allahabad.
Passing the order on August 14, the court asked principal secretaries of finance, home and law departments to help it in arriving at various possible steps that need to be taken to ensure safety and security of judicial officers in the district court premises. The court has fixed August 28, as the next date of hearing in the matter.
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The seven-judge bench comprising Chief Justice D Y Chandrachud, and Justices Rakesh Tiwari, Rajes Kumar, V K Shukla, Arun Tandon, Tarun Agarwala and Dilip Gupta were hearing a PIL, instituted suo motu by the HC in the aftermath of the violence that took place following the murder of an advocate allegedly by a police sub-inspector on March 11 in Allahabad district court.
The three incidents, which the court took note of, were reported by the concerned District Judges on July 30 (Aligarh), July 29 (Allahabad) and April 2 (Garh Mukteshwar). Another incident of misbehaviour allegedly occurred in Pratapgarh district court on April 10, for which the court has sought a detailed report.
In Aligarh, Additional Chief Metropolitan Magistrate, A L Gupta, was working in his chamber when advocate Ganesh Sharma came inside and offered him an envelope, while seeking bail for a particular accused. When Gupta refused, Sharma left the place along with the envelope. Sometime later, however, the then president of the Civil Bar Association Jagdish Sharma and former president Pradeep Kumar Singh, not only threatened Gupta of dire consequences but also assaulted him. Later, a case under various sections was registered against the three advocates.
In this regard, the bar associations in Aligarh district had initially given a strike call, which they later withdrew the strike call, but advocates continued to abstain from Gupta’s court. They also sought his transfer.
The court, while restraining the three advocates, said that strike call and seeking transfer of judicial officers was in violation of the Supreme Court orders. The court also issued notices for criminal contempt of court proceedings against the three lawyers, besides issuing notices to the current president of the bar association concerned for giving strike call.
In Allahabad, advocates Rakesh Mishra and Shailendra Mishra were allegedly involved in beating up two accused — Kapil Dubey and Bhaskar Dubey — inside the court premises on a minor issue. The court, while restraining the two from entering premises, has also asked the District Judge to try and identify about 20-25 other advocates involved in the incident.
In Garh Mukteshwar, one Ram Kishore Kain, whose registration as lawyer was found to be suspect, had entered the chamber of Civil Judge (Junior Division) Mithilesh Kumar Tiwari and misbehaved with him. He, too, has been restrained from entering premises, besides notices being issued for criminal contempt of court.