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the judge expressing his displeasure, the Advocate left his chamber along with
the envelope and after a lapse of 15 or 20 minutes, returned with two other
Advocates, namely, Shri Jagdish Saraswat, President, Civil Bar Association,
Aligarh and Shri Pradeep Kumar Singh (P K Singh), former President of the Bar
Association. All the three Advocates pressurized the judge for the grant of bail to
the accused. The judge states that he was informed by Shri P K Singh that his
request was that bail should be granted and that was also his direction. When the
judge was proceeding to his court room after the lunch recess at 2.00 pm and
was alighting the stairs, Shri P K Singh, Shri Jagdish Saraswat and Shri Ganesh
Sharma came and threatened him of dire consequences if he were not to grant
bail. The judge stated that he would discharge his duty in accordance with law.
At that stage, Shri P K Singh caught hold of the collar of the judge, abused him
and assaulted him in the face. As a result of the assault, the spectacles of the
judge had broken. After this, all the three Advocates caught hold of the judge by
the neck and hands and proceeded to assault him. The judge attempted to return
to his chamber where the assault continued. The judge has also stated that he
was also assaulted with a pointed instrument on his right hand as a result which
he received injuries on both his hands. The band which was worn by judge was
torn in the incident. As a result of the commotion, the staff attached to the court,
namely, Court Moharrir Pradeep Kumar, the Court's Clerk Prashant Maheshwari,
Head Constable Suresh Chandra and Jitendra came and saved the judge from
further assault.
A First Information Report was registered at Police Station Civil Lines,
Aligarh as Case Crime No 471 of 2015 under Sections, 332, 353, 307, 323, 324,
504, 506 and 427 of the Penal Code. The case is under investigation. The Senior
Advocates from surrendering before the court, in the event that such an
eventuality occurs upon and in the event of their arrest.
As we have noted above, notices have also been issued by the Division
Bench while taking cognizance of criminal contempt proceedings. We direct that
further proceedings shall now be listed before this Bench of seven Judges for
further directions on 28 August 2015 at 2.00 p.m.
The Court has been apprised of the fact that a resolution has been passed
on 12 August 2015 by the Civil Bar Association, Aligarh. By an earlier joint
resolution dated 11 August 2012 of the Aligarh Bar Association and the Civil
Bar Association, Aligarh, it was resolved to abstain from work. The Civil and
Criminal Bar Association, Iglas had also by a resolution dated 11 August 2015
supported the call of the Aligarh Bar Association to abstain from work.
However, it appears that a decision has now been taken to suspend the strike and
to abstain from the court of Shri Achchhey Lal Gupta, Additional Chief Judicial
Magistrate, Court No VII, Aligarh and to press for his transfer from the district.
Prima facie, we are of the view that the abstention from work by the
members of the Bar and to press for the transfer of the judge who was assaulted
during the course of the incident referred to above, is in breach of the orders
passed by the Supreme Court as well as by this Court. We, accordingly, direct
that notice shall issue to (i) Shri Budhpal Singh, President, Civil Bar
Association; (ii) Shri R K Chaudhary, Member, Civil Bar Association; (iii) Shri
Rambabu Sharma, Advocate. Notice shall also issue to the Presidents and the
Secretaries of the Civil Bar Association, Aligarh and the Aligarh Bar Association
and also to the President and the Secretary of the Civil and Criminal Bar
Association, Iglas, Aligarh returnable on 28 August 2015.
The second incident took place in the court of Smt Swati, Judicial
Magistrate-II, Allahabad on 29 July 2015. The District Judge, Allahabad, by his
letter dated 29 July 2015 has reported that certain Advocates entered the court
room of the judge and assaulted two persons namely, Kapil Dubey and Bhaskar
Dubey who stand accused in Case Crime No 117 of 2015 under Sections 323,
504, 506, 427 and 307 of the Penal Code at Police Station Holagarh. Two of the
Advocates who assaulted the accused have been identified as Shri Rajesh Mishra
and Shri Shailendra Mishra, Advocates, apart from whom, the report indicates
that there were 20-25 unknown Advocates.
We are of the view that this incident also raises serious questions in regard
to the safety and security of the court premises and the standard of behaviour
which is expected of Advocates while dealing with the members of the Bar,
litigants and Judges. Applying the same principle to which we have adverted
above, we issue notice to Shri Rajesh Mishra and Shri Shailendra Mishra,
Advocates returnable on 28 August 2015. The notice shall be served through the
Senior Superintendent of Police, Allahabad.
The District Judge, Allahabad is directed to conduct an enquiry and
submit a report before this Court on the next date of listing in regard to the
identity of other Advocates who may be involved in the assault along with the
two advocates named above within the precincts of the court room.
In the meantime, we issue an order restraining Shri Rajesh Mishra and
Shri Shailendra Mishra, Advocates from entering the premises of the District
Court at Allahabad.
The third incident took place on 2 April 2015 at Hapur district. The letter
of the District Judge states that Shri Mithilesh Kumar Tiwari, Civil Judge (Junior
security both of the District Courts as well as of this Court. We are, in particular,
concerned with the safety and security of the District Courts across the State for
which we have issued directions. From the compliance reports which have been
placed on the record by the Registrar General, it appears that detailed estimates
have been submitted by the District Judges after the three Member Committees
were constituted for each district by this Court. The Court has not been apprised
of the status of the matter and the stage at which the issues are pending
consideration before the State Government.
We are of the view that since important questions of safety and security of
the District Courts in particular are being discussed and debated upon, the
presence of the Principal Secretary (Finance), Principal Secretary (Home) and
the Principal Secretary (Law) would be necessary for assisting the Court. In the
meantime, the learned Advocate General has assured the Court that he will call
for a meeting of the concerned officers and would apprise the Court by filing a
compliance report of the status of the matter.
List on 28 August 2015 at 2.00 p.m.
Order Date :- 14.8.2015
AHA
(Dr D Y Chandrachud, CJ)
(Rakesh Tiwari, J)
(Rajes Kumar, J)
(V K Shukla, J)
(Arun Tandon, J)
(Tarun Agarwala, J)
(Dilip Gupta, J)