SCAORA urges Supreme Court to take action against police for assaulting, obstructing protesting lawyers

Police action against lawyers participating in a peaceful protest could have a chilling effect on their fundamental rights, the Supreme Court Advocates-on-Record Association (SCAORA) has told the Supreme Court. [SCAORA v. Union of India]

The Association has sought an independent, impartial and time-bound inquiry into the detention and alleged manhandling of advocates by Delhi Police during a protest march on October 10.

The Union government, the Delhi Police Commissioner and the Lieutenant Governor of Delhi have been named as respondents.

SCAORA says that lawyers were marching from the MC Setalvad Chambers Block near the Supreme Court towards Jantar Mantar when police intercepted them and took them to the Yamuna Sports Complex in Surajmal Vihar.

The petition alleges that Senior Advocate Shadan Farasat was carried by police personnel by his arms and legs, tearing his shirt. It also says women advocates, including Anna Oomen and Anne Mathew, were manhandled by women police personnel who were not wearing name tags. Another advocate allegedly suffered a dislocated shoulder.

SCAORA argues that arbitrary detention, physical assault and intimidation could deter advocates from expressing grievances and participating in peaceful assemblies.

It says lawyers must be able to perform their professional duties without unlawful obstruction or coercion and that interference with their access to courts or ability to represent clients also affects litigants and the administration of justice.

The Association has asked the Court to direct the authorities to investigate the incident and take action against officials found responsible. It has also sought preservation of CCTV footage, body-camera recordings, drone footage, photographs, detention records and other evidence. The plea asks the authorities to disclose the legal basis and purpose for recording and using images of the protesters and to ensure that advocates are not subjected to retaliation for participating in peaceful protests.

The petition also questions a Delhi Police notification dated October 9 suspending mobile internet services within an approximately four-kilometre radius of Janpath–Kartavya Path from 10 pm that day until 10 pm on October 10. SCAORA says any disruption could have affected virtual court hearings and communication between lawyers and clients. It refers to a Delhi High Court notification providing for virtual proceedings at the Patiala House and Rouse Avenue court complexes that day.

The plea was briefly mentioned by SCAORA's president Devrrat before the special bench that sat on Sunday.

The petition has been filed through Advocate Anas Tanwir.