The Bar Council of India welcomes the historic order passed by the Hon’ble High Court of Delhi thereby addressing the grievances espoused by the Bar Council of India and Lawyers of Delhi regarding the unfortunate incident of police excesses against advocates of Tis Hazari Court on 02-11-2019.
The Bar Council of India since yesterday itself was very much concerned about the unwarranted police firing on the unarmed and innocent advocates of Tis Hazari Court. The Council approached the Hon’ble Chief Justice of India and Delhi High Court. Three senior-most Judges of Delhi High Court came to see the injured lawyers at St. Stephan Hospital along with the Chairman, Bar Council of India Shri Manan Kumar Mishra, Shri Ved Prakash Sharma and Shri S. Prabakaran, Co-Chairmen.
After taking stock of the entire situation and condition of the injured lawyers, the Bar Council of India demanded for immediate lodging of FIR against the erring police officials, their suspension and arrest and seeing the vindictive revengeful attitude of the Delhi Police, the Bar Council of India demanded a Judicial Enquiry by a former Judge of Delhi High Court. The Council also raised the question about the fairness of Delhi Police and request was made for handing over the investigation to the CBI or to issue a direction to CBI to assist the enquiring judge.
Today, at 01.00 PM, the Delhi High Court took Suo Motu cognizance of the entire episode and notices were issued to Bar council of India, Union of India, State of Delhi and the State Bar Council of Delhi as well as Bar Associations of Delhi.
Pursuant to the said notice, the case was taken up for hearing at 03.00 PM in Court No. 1 of Delhi High Court. Hon’ble the Chief Justice Mr. D. N. Patel and Justice Shri C. Hari Shankar heard the Chairman, Bar Council of India Shri Manan Kumar Mishra, the Counsels for other respondents and after a thorough hearing, the submissions made by the Bar Council of India were substantially accepted.
High Court set up a judicial enquiry to be headed by Justice S.P. Garg, Former Judge of Delhi High Court and he is to be assisted by higher officials of CBI, Vigilance and IB. Submissions of BCI with regard to the time frame for the conclusion of enquiry was also accepted. High Court directed for the suspension of two erring police officials and transfer of two other higher police officials. Court also directed for the ex-gratia payment to the injured advocates and further ordered for no coercive steps taken against the advocates during the pendency of the enquiry.
In view of the quick and positive step taken by Delhi High Court in the stated sensitive matter for redressal of grievances of the Bar, the Bar Council of India appeals to the advocates of the country to maintain peace and harmony and not to resort to any sort of abstention or boycott of Courts from Tuesday, 05-11-2019.
[Bar Council of India]
[Press Release dt. 03-11-2019]
