Punjab and Haryana High Court Bar President steps down after physical assault FIR, sexual harassment allegations

The Punjab and Haryana High Court Thursday directed the Bar Council of Punjab and Haryana to look into sexual harassment allegations against Advocate Vikas Malik, who today temporarily stepped down from the post of High Court Bar Association (HCBA) President..Malik was recently also booked by Chandigarh Police under various provisions of Bharatiya Nyaya Sanhita (BNS) for allegedly assaulting another lawyer, advocate Ranjeet Singh, in the HCBA office at the High Court premises.Singh had gone to serve a dasti notice issued by the High Court to Malik in a Public Interest Litigation (PIL) filed against him by certain advocates alleging misappropriation of HCBA funds by him and others when he was allegedly assaulted. Meanwhile, HCBA Vice President Jasdev Singh Brar took charge as Acting President today. He confirmed the development to Bar & Bench.Malik told the Bar & Bench that he has not resigned from the post of President but has only "handed over" the charge to Brar temporarily."I have not resigned but I have temporarily given my charge to Vice President," he said.On allegations against him, Malik said,"These are total false, baseless allegations in FIR and sexual harassment complaint also. There is no evidence against me... these are politically motivated complaints. The group against me (is) doing all this.".Meanwhile, the High Court today took note of the development and other controversies surrounding Malik.During a hearing of the PIL today, the division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Bahl took note of the First Information Report (FIR) related to the assault. "We are of the considered opinion that the matter needs to be supervised by the Senior Superintendent of Police, Chandigarh, as certain other offences would arise from the plain reading of the FIR, which have not been mentioned," the Court said.Chandigarh Police assured the Court that the Senior Superintendent of Police of Chandigarh will look into the matter at her own level and take appropriate steps..At this stage, the Court observed that the assault on the lawyer amounted to interference in the administration of justice and prima facie a case of criminal contempt was made out under Section 2 (c) of the Contempt of Courts Act against him.The provision provides that anybody who prejudices or interferes or tends to interfere with the due course of any judicial proceeding and obstructs or tends to obstruct the administration of justice in any other manner would become liable..Further, the Court also was informed that a resolution was sought to be passed at Malik's instance to call a lawyers' strike till the cancellation of the FIR against him.The Court opined that any such strike call would be illegal. However, it noted that the move to suspend work was opposed by the members of the Bar Association itself."The law has been laid down by the Apex Court in this regard that any call for strike by member(s) of the Bar Association as such would be illegal," it said..Meanwhile, the Court also took note of the sexual harassment allegations against Malik and directed the State Bar Council to look into them"Before we proceed on this issue, it has been brought to our notice that various complaints of sexual harassment of lady Advocates and lady employees of the Bar Association have been received against respondent No.2. Resultantly, the office of the Chief Justice, which is in receipt of these complaints, is directed to supply copies of the said complaints to the Bar Council to look into these allegations also and to proceed accordingly," it orderedThe bench headed by the Acting Chief Justice remarked that being the first Bench of the High Court, it was its bounden duty to protect the prestige of the institution, which apparently has been "lowered" by Malik..The Court said the Bar Council can issue fresh notice to the concerned persons regarding the allegations contained in the complaints."It is also open to the Bar Council to pass interim orders to ensure the sanctity and respect of the Institution, in case respondent No.2 does not co- operate," it added.However, the Court also said it would be open to Malik to furnish his apology to redeem his conduct.The matter will be heard on July 15. .Senior Advocate GS Bal with advocates Lovepreet Kaur and Anjali Kukar represented the petitioners.Advocate Avinit Avasthi represented the Bar Council of Punjab and Haryana. Advocate Swaran Singh Tiwana, a respondent, appeared in person..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.