Attack on lawyer inside Tis Hazari courtroom: Delhi High Court seeks report

The Delhi High Court on Monday sought a report on the alleged attack on a lawyer by his opposing counsel and thugs inside a courtroom in Delhi's Tis Hazari courts.

A Bench of three senior-most judges of the Court comprising Chief Justice Devendra Kumar Upadhyaya and Justices V Kameswar Rao and Nitin Sambre passed the order.

"Deputy Commissioner of Police (North) is present in the proceedings. He has stated that the FIRs are being registered and assures that all appropriate measures for investigation shall be taken. We request the learned Principal District and Sessions Judge to submit a report into the incident after making inquiries from all concerned, including the presiding officer of the court concerned," the Court said.

The Court was hearing a suo motu case which was taken up on urgent basis after the assaulted lawyer filed a representation which itself came pursuant to the Supreme Court's directions.

Earlier in the day, the incident was mentioned in the Supreme Court before a Bench led by Chief Justice of India (CJI) Surya Kant, who took a serious view.

"This kind of Gunda raj is not acceptable to us. That means it is failure of rule of law," CJI Kant said.

He also urged the lawyer to write a representation about this issue to the Delhi High Court's Chief Justice.

Pursuant to that, the incident was brought to the notice of High Court Chief Justice who then asked the lawyer to file a short petition, following which the matter was taken up suo motu and heard on an urgent basis at 4 PM.

During the hearing, CJ Upadhyaya joined in expressing concern about the incident.

"A lawyer is beaten and heckled. According to reports, the gate of the courtroom was bolted... What about the conduct of the lawyers?" he asked.

"If it's a lawyer versus lawyer scuffle in the court, then it is a violation of the conduct rules ... It may be referred to BCD's disciplinary committee," said Additional Solicitor General (ASG) Chetan Sharma, who heads a committee running the Bar Council of Delhi (BCD).

The Court proceeded to record that the BCD will be taking cognisance of the issue and initiating appropriate action against the errant lawyer.

As regards the criminal investigation in the matter, the Delhi government's standing counsel (criminal) assured that a first information report (FIR) is being registered.

The DCP of police was present before the Court as well, through video conference.

"We have received complaints from both sides. MLC is being done, we will be registering FIR. Based on CCTV footage, etc, if anything else needs to be done, we will do that," he told the Court.

"What about improving security in courts?" asked CJ Upadhyaya.

"We will meet with the District Judge and see how the security can be improved," the DCP replied.

"What about the security of the lawyer who mentioned the matter before us?" the Court then questioned.

"He has not asked for any security," the DCP said.

The Court proceeded to order for the provision of security to the lawyer who had brought the incident to light.

"We are directing you to provide him security round the clock, at least till we get a report from you and the district judge," CJ Upadhyay said.

The Court's ensuing order stated,

"The order dated February 9 though reflects that he (the lawyer who complained of the assault) had expressed certain apprehensions about his safety. Accordingly, we direct DCP North to provide him round-the-clock security, which will be subject to review of the threat perception conducted after 10 days."

Addressing the DCP, the Court underscored the need for a thorough probe.

"Mr DCP, please investigate the matter without being pressurised from any corner whatsover. In an absolutely independent manner so we can unearth the truth and act upon it accordingly," the Court said.

In its order, the Court further recorded that the incident has larger ramifications and that all counsel present had raised concerns that such incidents threaten not only individual lawyers but also erode the dignity and propriety of the proceedings of the court.

The President of the Tis Hazari Bar Association, the Commissioner of Delhi Police, and the DCP North (Delhi Police) were added as parties/ respondents to the case.

The Court also recorded the police's undertaking that a sincere investigation will be conducted, a first information report (FIR) registered invoking appropriate criminal law sections and that a report will be submitted to the Court.

"The investigation of the FIRs shall be conducted by ACP, under the direct supervision of the DCP concerned," the Court added, before adjourning the matter till February 24.

Along with ASG Sharma, Central Government Standing Counsel (CGSC) Ashish Dixit appeared for the Union of India.

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