Protesting lawyers move criminal writ petition against Ghaziabad District Judge :
The Ghaziabad Bar Association has filed a writ petition before the Allahabad High Court seeking an SIT investigation, under the direct supervision of the high court, into the recent cane charge violence against advocates in Ghaziabad district court premises.
This criminal writ petition moved through advocate Jawahir Yadav also requests for the issuance of a show cause notice to the district judge, Ghaziabad by exercising powers under Article 215 (high court’s power to punish for its contempt) of the Constitution of India.
The clashes had erupted between police and lawyers at the Ghaziabad district court in Uttar Pradesh on October 29, 2024 following a heated argument between a district judge and a lawyer.
Further, it has called for the preservation of CCTV footage of the clashes and for the police to be restrained from taking any action on two criminal complaints filed against various lawyers over the incident.
The videos of the clash between the police and lawyers had surfaced on social media last week, showing the former using force and resorting to lathi charge to remove lawyers from the court premises.
Subsequently, the angry lawyers retaliated by setting fire to the police chowki (outpost) located within the court premises.
According to the Ghaziabad Bar Association’s plea, the clashes were rooted in district and sessions Judge Anil Kumar’s alleged refusal to hear an anticipatory bail case in an encroachment case.
The counsel representing the complainant in the encroachment case had allegedly protested the continuation of interim relief to the accused and sought a hearing in the matter. However, the judge is said to have refused to hear the matter on October 29 or transfer the matter to another court.
Further, the plea claims that the district judge got incensed and started verbally abusing lawyers after the counsel requested that the matter be transferred to another court if the judge did not wish to hear the case. The plea adds that the district judge then called in security personnel which escalated the tense situation and led to the police-lawyer clashes.
Following the incident, the Ghaziabad Police registered two first information reports (FIRs) under various sections of the Bharatiya Nyaya Sanhita (BNS) and the prevention of damage to public property Act, 1984 against around 50 unidentified lawyers, including former bar president Nahar Singh Yadav.
In the wake of these developments, the Ghaziabad Bar Association has submitted that its plea was filed to protect the dignity of the judicial system.
The bar association has asserted that its members were brutally assaulted and that blatant disregard was shown for the authority of the court and the rights of advocates.
“The district judge, while issuing directions to the police officials for opening fire upon the lawyers, completely exceeded its jurisdiction and acted in a manner which is detrimental to the status of district judge, and also contrary to the law laid down by the Supreme Court of India as well as this high court in catena of judgments,” the plea stated.
The matter is likely to be heard this week.
