Noting that it was a matter to be taken up on the administrative side, not the judiciary, CJI Kant asked him to lodge a complaint with the Chief Justice of the Delhi High Court.
As the Supreme Court on Monday took a stern exception to an alleged attack on a lawyer and his clients inside a courtroom in Tis Hazari complex, saying “this kind of goonda raj is not acceptable to us”, the Delhi High Court later in the day took suo motu cognisance of the incident. The High Court has sought a report of the incident from the Principal District Judge while also ordering round-the-clock police security for the lawyer who was allegedly attacked.
The counsel informed a three-judge bench presided over by Chief Justice of India Surya Kant that the incident took place in the court of Additional Sessions Judge Harjeet Singh Pal on February 7. “While I was appearing last Saturday in Tis Hazari court in the court of ASJ Harjit Singh Pal…on behalf of the accused, the complainant’s advocate, along with goons, entered the courtroom and in front of the judge itself, they hit me and the accused…They locked the door inside the courtroom,” the counsel said, adding, “…The judge was sitting right there” as the incident unfolded.
The CJI asked the lawyer if he had brought it to the notice of the Delhi High Court. To this, he said he hadn’t “because nobody is supporting.” “The police are so scared that they are not ready to even provide security,” he told the SC.
CJI Kant then asked, “Today, if you can make a mention before me, why can’t you mention before the head of the state judiciary, the Chief Justice of the Delhi High Court?”
The counsel said, “I have seen that due to past incidents in Tis Hazari, nobody is touching this matter.” He said he approached the apex court as he is a member of the Supreme Court Bar Association (SCBA).
Noting that it was a matter to be taken up on the administrative side, not the judiciary, CJI Kant asked him to lodge a complaint with the Chief Justice of the Delhi High Court. “Please go and make a written complaint to the Delhi High Court Chief Justice during the course of the day and send a copy to me. Inform my people that you have made a complaint. Then let me deal with it on the administrative side. Nothing to do with the judicial side,” said the CJI.
“I will deal with it, but please go and make a complaint. Let the CJ take cognisance of it. If the police are not doing anything, there is no rule of law…How can they misbehave like this? This kind of goonda raj is not acceptable to us,” CJI Kant added.
Around 1:30 pm, the lawyer made a mention before a division bench headed by Chief Justice DK Upadhyaya of the High Court, seeking police protection for himself, submitting that he perceives a threat to his life.
Later in the day, a three-judge bench of the High Court took suo motu cognisance of the incident, noting that lawyers in unison have opined that such an incident “erodes the dignity and propriety of the proceedings of the court” where a lawyer at Tis Hazari court was assaulted.
Directing the Delhi Police to provide him with round-the-clock security, the bench of Chief Justice DK Upadhyaya, and Justices V Kameswar Rao and Nitin Wasudeo Sambre also directed that a report be submitted by the Principal District Judge after making inquiries from all concerned, including from the presiding officer of the court at the time of the incident.
The Delhi HC has also added the Tis Hazari Bar Association, Commissioner of police, Delhi, DCP North be added as party respondents to the petition.
ASG Chetan Sharma, also chairman of special committee of Bar Council of Delhi, and standing counsel on the criminal side Sanjay Lao, informed the court that there appears to be “cross-cases” and “some background” to the case. “Against both the sides we are registering FIRs, based on the complaints given by both the sides,” Lao added.
Sharma added that the incident must be referred for disciplinary action against the lawyers involved.
An FIR had been registered at the Subzi Mandi police station on Monday evening.