Rajasthan High Court: Sanjeev Prakash Sharma (V.J.), J. passed an order for the formation of the committee at the district level in order to resolve the dispute between the police and Advocate without taking the matter to the High Court.
The Court noted certain events which took place at the police station resulting in harassment and manhandling of an advocate and thus a Commissioner of Police and Police Comissionerate were called upon and were asked to submit the report with regard to the said incident. The reports were sent by the Police Commissioner to the Government Advocate in which it was submitted that the concerned Assistant Sub-inspector had been removed and inquiry was being conducted against the Assistant Commissioner of the police.
N.A. Naqvi, submitted that such incident relating to advocates going to various police stations in the districts are being noticed time and again and the advocates apprehend that they are not being properly attended by the police officials and they were being harassed and intimidated. It was suggested that the Coordination Committee be formed in each district so that such type of matter may be handled properly in various districts and dispute between the police authorities and the advocates may not arise in future.
Rajendra Yadav, Government Counsel agreed and submitted that there should not be any conflict between two main pillars of administration of law and order namely police as well as the lawyers and states that Committee in this regard shall be formed in each district and effective powers shall be provided to such Committee to take action in this regard.
The Court after submission held that as there exists a committee at the High Court, the court suggested that Coordination Committee at each district level should be functioning so that the matters may not have to travel up to the high court with regard to issues which can be sorted out at the level of the district alone.
The case was kept open for further orders and suggestion on the formation of the committee which according to the court should include one Official from the concerned police department so that the matter can be examined impartially. The Chairmanship of such a Committee should be given to either the District Judge of the concerned district or to any retired High Court Judge, if need so arises.[Bharat Yadav v. State of Rajasthan, 2019 SCC OnLine Raj 782, decided on 07-06-2019]