Tis Hazari: Delhi HC issues notice in Centre’s plea for clarification on order protecting lawyers from coercive action

Tis Hazari: Delhi HC issues notice in Centre’s plea for clarification on order protecting lawyers from coercive action

Aditi Singh

The Ministry of Home Affairs, Government of India has moved the Delhi High Court seeking clarification with respect to its earlier order protecting lawyers from coercive action in the aftermath of the Tis Hazari Violence on November 2.

The Ministry has sought to clarify that the protection was extended only with respect to the two FIRs registered on November 2 after the Tis Hazari violence and not the subsequent events.

These two FIRs were registered at the Subzi Mandi Police Station on November 3.

The application comes at the heels of the hundreds of Delhi Police personnel taking to the streets to protest against the lack of apathy towards them in the face of misbehaviour by the lawyers after the Tis Hazari incident.

The application was mentioned before a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar and the same was taken up for hearing.

After a brief hearing, the Court issued notice to the Bar Council of India and all other Bar Associations in Delhi.

While the Court asked the BCI to advise its members to exercise restraint, the BCI Chairperson, Manan Mishra informed the Court that attempts were underway to resolve the issues.

scuffle broke out between lawyers and police personnel at Delhi’s Tis Hazari Court Complex on November 2 after an argument between a lawyer and the police over parking. The altercation soon escalated and resulted in serious violence in the Court Complex which included a lawyer getting shot.

The Court soon took suo-moto cognizance of the matter and ordered a judicial inquiry headed by Justice (retd.) SP Garg into the Tis Hazari violence. While doing so, it also granted protection from coercive action against the lawyers in connection with the FIRs registered against them by Delhi Police.

The tension between the Delhi Police and the lawyers in the city, however, did not diffuse. As lawyers across the city abstained from work on November 4, incidents of Delhi Police personnel, as well as litigants, being manhandled by them were reported from Saket and Karkardooma Court.

Among various other things, the protesting Delhi Police personnel have sought the action against the delinquent lawyers and revocation of the order of suspension against two ASIs.

Today, an FIR was also registered with the Saket Police Station with respect to the incident of a group of lawyers hitting on-duty police personnel outside Saket Court on September 4. The complainant, CT Karan, has stated in the FIR that on November 4, when he was on his way to Saket Court, he was stopped by a few lawyers near Gate 3 of the Saket Court Complex. He narrates that the advocates abused him, hit him and even threatened to kill him.

Centre was represented by ASG Maninder Acharya.

The matter would be heard next on November 6.

Bar and Bench - Indian Legal news