Allahabad High Court asks State to include retired judicial officer in SIT probing police lathi-charge on lawyers

The Allahabad High Court on Monday directed the Uttar Pradesh government to include a retired judicial officer, Hari Nath Pandey as a member of the Special Investigation Team (SIT) constituted by it to look into the recent police lathi charge on lawyers in the Hapur district. [In Re vs Bar Council Of UP].The High Court took suo motu note of the ongoing strike by the lawyers over the alleged police lathi-charge against advocates in Hapur last month. The lawyers had been protesting over a police case filed against an advocate, Priyanka Tyagi at the time. The Bar Council of Uttar Pradesh later resolved to abstain from judicial work on August 30 and later for a further period of three days on September 4, 5 and 6 over the issue. .A division bench of Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi heard the suo motu case initiated over the matter on Monday and requested the Presidents and Secretaries of the High Court Bar Association and the Advocates Association, as well as the Chairman and members of the Bar Council of Uttar Pradesh to address the Court on the issue..During this hearing, the High Court Bar Association President Ashok Singh told the bench that the lawyers were seeking the inclusion of any judicial officer in the SIT constituted by the State.This was in view of concerns that the alleged atrocities were “actually committed by the local administration" and since the "local police had assaulted the lawyers.”The Association pointed out that if the SIT is allowed to proceed in its present state, the guilty police persons may sit in judgment over their own cause. The Court was told that a one sided first information report (FIR) was lodged in the matter and that despite best efforts, the FIR demanded by the lawyers was not lodged.Taking note of the submissions, the Court asked the State to examine the feasibility of including a judicial officer in the SIT to make it more inclusive and transparent. The government, in response, told the Court it has no objection to the same..The Court, therefore, directed the inclusion of Hari Nath Pandey, a retired Principal Judge who had served at the Family Court, Lucknow, as a member in the SIT.The Court has also asked the SIT to proceed with its enquiry and submit its report in a sealed cover as early as possible. “An interim report shall be submitted before the Court by the next date fixed. The Superintendent of Police, Hapur shall ensure that the complaint lodged by the advocates of the incident is also duly registered and investigated as per law,” the Court added..‘Forthwith resume work’: Court.The Court in the order also noted that the act of lawyers resorting to strike has been frowned upon consistently by the courts as it does great damage not only to the litigants but also affects the administration of justice.It added that while a body representing advocates has a right to raise grievances, it should not be done in a manner that would defeat the ultimate cause of justice itself.The Court proceeded to express hope and trust that the Bar Council of Uttar Pradesh and the bar associations will introspect and act in "due deference" to the law laid by the Supreme Court by forthwith resuming their work. The Court added that it should not be forced to take “any unpleasant steps in the matter.”The Court also said its doors would remain open in the event any unjust treatment is shown to be meted out to “any person aggrieved”. .It will hear the matter again on September 15..[Read Order]