I am really in tears of joy to see how much boldness the Supreme Court Bar Association has demonstrated in standing in full, firm, final and complete solidarity with the lawyers of the Ghaziabad District Bar many of whom were most brutally thrashed which has really shaken me to the hilt. I was definitely left completely astounded, appalled, aghast and ashamed to see how terribly the police was lifting chair openly and throwing at lawyers and beating lawyers most mercilessly in Ghaziabad in West UP as is being shown in many news channels that took place on October 29, 2024 which left many of them including some senior lawyers bleeding just like some time back we had seen in Hapur which is again in West UP and that too not in some road as happened in Hapur but right inside the court and that too in front of and that too at the behest of District Judge Mr Anil Kumar of Ghaziabad District and Sessions Court following a heated exchange that occurred between him and the lawyer and that too right inside the court during the hearing of an anticipatory bail plea over hearing of anticipatory bail on priority which he denied and said that the case would be entertained as per the listing. It must be mentioned here that the scuffle that broke out between the lawyers and Judge right inside the courtroom took a very ugly turn after the District Judge most unexpectedly called the police to remove the protesting lawyers from the courtroom who were raising slogans against him over the disagreement.
Why police and even the District Judge forgets or glosses over the irrefutable fact that lawyers are the officers of the court and they have to be definitely treated with utmost respect even if they raise some slogans and the solution cannot be by hurling chairs most brazenly at them as police did which has definitely left me completely flabbergasted as we saw in different news channels and so also lathicharging them as if they were some rioters or hooligans?
It must be duly acknowledged that lathicharge on lawyers at the drop of a hat cannot be ever justified unless and until there is no other alternative which was not the case here! Lawyers are undoubtedly most tolerant and so also most disciplined and to always blame lawyers like media does inspite of watching that it was police who was throwing chairs and lathicharging lawyer and Judge shouting most loudly at lawyers which cannot be ever justified or condoned under any circumstances! If lawyers have any grievance, then the wrinkles in the crease can be and must be ironed out peacefully, carefully and properly between lawyers and judges which we don’t see either the District Judge or the Police doing so in this leading case and only added more fuel to the small smoke of fire! This is what I find most troubling to watch!
I must say this with full sense of responsibility that when lawyers are accepted as indispensable pillars of justice then how can lathicharge on them be ever justified or condoned? It has to be conceded with grace that courts cannot ever function anywhere in the world without the unstinted cooperation of the lawyers who play the most prime and pivotal role and for this to happen calling police to lathicharge them as if they are rioters or unruly mob will definitely dent the impeccable credibility of Judges themselves and will definitely only serve to worsen the already complicated situation! This it is the Judges themselves who must first of all realize this and so also the lawyers then!
It is most commendable to note that the Supreme Court Bar Association and so also the Supreme Court Advocate on Record Association have demanded an inquiry and dismissal of the District Judge and so also most strong action against the police officers who had ordered the most atrocious lathicharge on advocates! It is entirely in the fitness of things that the Supreme Court Bar Association (SCBA) has passed a resolution strongly condemning the recent inhumane and violent act of police in the lathi charge violence against the advocates inside the premises of Ghaziabad Court in West Uttar Pradesh at the behest of the directions of Mr Anil Kumar-X (the Ld. District Court & Sessions Judge of Ghaziabad. The SCBA has also deemed it fit to seek an inquiry against the Judge. What also must be taken note is that according to the SCBA, the incident occurred under the direction of Mr. Anil Kumar-X, the District & Sessions Judge of Ghaziabad.
What is of utmost significance to note is that the SCBA has declared most unequivocally that it will not tolerate any attack on the prestige of advocates which undoubtedly has to be paramount and has also in no uncertain terms in pursuance thereof demanded immediate action from the Allahabad High Court and so also the Uttar Pradesh State Government. The SCBA in its resolution dated 30.10.2024 titled SCBA/EC.2024-25 also most explicitly stated that the high handedness of UP Police is a clear violation of advocates rights and the rule of law. Very rightly so! Most strikingly, we need to also note that the SCBA resolution also demanded that –
- Demand inquiry into the conduct of Mr. Anil Kumar-X (Ld. District & Sessions Judge) Ghaziabad by a sitting Hon'ble Judge of Hon'ble High Court of Allahabad headed by the Hon'ble Chief Justice of High Court of Allahabad along with Hon'ble Administrative Judge of Hon'ble High Court of Allahabad looking after the affairs of Ghaziabad District.
- Investigate the incident and bring the guilty Ld. District & Sessions Judge and police officers to justice.
- Dismiss the services of Mr. Anil Kumar-X (Ld. District & Sessions Judge) Ghaziabad and police officers, responsible for the lathi charge.
- Pay compensation to the injured advocates.
- Take measures to ensure that such incidents do not recur.
- Introduce and implement the Advocates Protection Act for protection of Advocates and their families against such brutal incidents.
- Take steps to improve the law and order situation in the State and to ensure that the police personnel are accountable for their actions.
Not stopping here, we must also note that the SCBA further also called upon the Bar Council of India and so also all the State Bar Councils to take necessary steps to protect advocates' rights and ensure they can perform their duties without any harassment or violence. Adding more to it, the SCBA further added that:
Supreme Court Bar Association also calls upon the Bar Council of India and all other State Bar Councils to take necessary steps to protect the rights of Advocates and to ensure that they are able to discharge their duties without fear of intimidation or harassment. Supreme Court Bar Association stands in solidarity with the advocates of Ghaziabad and pledges to do everything in its power to ensure that justice is served.
It merits just no reiteration that all the lawyers of District Courts especially of West UP of which Ghaziabad District Bar is an inseparable part must always be deeply indebted to the incumbent SCBA led by its President Mr Kapil Sibal who have all stepped forward in extending unstinted and unanimous support to the lawyers of Ghaziabad who were brutally lathicharged by the police! Even the UP Bar Council has expressed its unstinted support to the lawyers of West UP which must be definitely applauded! It is worth noting that the President of the Bar Council of Uttar Pradesh Mr Shiv Kishore Gaur has written a letter to the office bearers of all the Bar Associations of the State of Uttar Pradesh informing them in no uncertain terms that the Uttar Pradesh Bar Council has condemned strongly the recent lathi charge violence against the advocates in Ghaziabad Court allegedly at the behest of a District Court Judge. It is written most explicitly in this letter that:
The Bar Council of Uttar Pradesh strongly opposes this incident and after watching the video clipping, strongly condemns the conduct of the District Judge, Ghaziabad and strongly opposes his act.
In conclusion, it is high time and time is ripe for reforms to be ushered in police just like has been done in Army by initiating the Agniveer Yojana as was recommended so very commendably by none other than the Supreme Court itself in the landmark case of Prakash Singh vs Union of India in 2006 itself! Even after 18 years of this landmark verdict having been delivered, we see no police reforms being implemented on ground which is definitely most heart breaking to see and only serves to devalue the relevancy of none other than the top court itself which makes for most depressing reading!
None other than Mr Kapil Sibal himself had very strongly pointed out recently that the police powers have been increased manifold under the new laws and it is UP which tops the State list in maximum custodial death, maximum fake encounter killings and other crimes pertaining to the police which definitely has to be taken most seriously and not just glossed over as we have been witnessing since independence till now most unfortunately!
It must be mentioned that it was on October 26, 2024 that eminent and senior Supreme Court lawyer and so also the President of Supreme Court Bar Association and former Union Law Minister of India and Rajya Sabha MP and so also former Additional and Solicitor General of India Mr Kapil Sibal said while delivering a most captivating lecture that he delivered at the Sikkim Judicial Academy arguing most fluently saying that the true test of any judiciary lies in public trust.
He said that:
If people lack confidence in the judiciary, it undermines its effectiveness. He also very sagaciously touched upon the colonial remnants of the criminal justice system of India. He suggested that India needs to rethink colonial-era laws and so also practices, such as police remand, which he characterized as antithetical to modern democratic principles. While underscoring the urgent and dire need for reforms that align perfectly with best global practices, Sibal was quick to point out that:
In developed countries, investigations precede arrests while here, arrests precede investigations.
In the developed world, the allegation is first investigated and then the arrest takes place. In our world, the arrest comes first and the investigation takes place later. Which country (apart from India) has police remand? It’s the colonial past which has given the police this power. Absolutely right! Mr Kapil Sibal has thus frankly conceded without mincing any words that nothing has changed in last 78 years of independence! He also rightly pointed out that, Oppressive laws are being implemented.
What is precedent? There is no such thing as precedent. Each judge decides based on his or her understanding of the law, whether s/he should interpret the law one way or the other. The only precedent is the precedent of the individual Bench that decides a particular case in the way that it decides - that is the only precedent. That is it. Who suffers? Ordinary people … It is time for the judiciary to realise that it’s time for them to stand up and to ensure that what our forefathers gave us need to be zealously protected. These are rights that they gave to the citizens of our country. They can’t be wasted in this fashion. It’s time for citizens to speak up, it’s time for lawyers to speak up and it’s time for the judges to stand up.
It is the poorest of the poor who suffer the most and spend more time in jail as an undertrial than the criminal who commits the crime as he is unable to fight the case which reflects the shoddy state of affairs in our legal system which must be changed root and branch! He also added that a revamp of the Indian criminal law is required while briefly also pointing out that the Bharatiya Nyaya Sanhita, 2023, which replaced the colonial-era Indian Penal Code, has only made things worse.
No doubt, the powers of the police definitely have increased manifold under the new laws! Now even lawyers are not being spared which definitely cannot be a healthy sign for our Indian democratic system! I have just no hesitation in saying that the police had just no business to lathicharge the lawyers in Ghaziabad which has resulted in the ugly scuffle that broke between the lawyers and police which only serves to denigrate the reputation of Judges, Advocates and Police which can never be in our national interests! So, it is high time and Centre must step in and usher reforms even in police which till date has not been initiated! There can be just no denying or disputing it! It thus merits no reiteration that the earlier this is done, the better definitely it shall be in our national interests in the longer run!
Above all, those who are guilty in this entire episode definitely needs to be brought to book! Those who violate the dignity and decorum of the court must be punished most strongly, no matter who they may be! It brooks no more delay any longer! No denying it!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
