Case details
Case :- CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 30 of 2020
Petitioner :- In Re Suo Moto Cognizance Of The Police Atrocities Over An Advocate
Respondent :- State of U.P.
Counsel for Petitioner :- Suo Moto, Tripurari Pal
Quorum: Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery
The Allahabad High Court while dealing with the Etah Advocate assault by police incident has gone the complete report given by the Chief Judicial Magistrate, Etah. The Division Bench of Allahabad High Court comprised of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery after considering the material available on record has put up following questions which requires consideration-
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(i) Whether a police team is having any authority to use unlawful force while arresting a person who has been assigned for taking law in hands when police tried to arrest him?
(ii) Can the police be used as an agency to dispossess a person from possession of an immovable property or to restore possession of a property with a person on having a report with allegation of unlawful possession or unlawful dispossession of such person from such property?
(iii) Whether the administrative authorities including the police authorities are well within their rights to get a person evicted from the premises against whom a decree has been granted by a competent Court, without there being any order in execution proceedings by executing Court?
(iv) Whether the Advocates Act, 1961 extends any privilege to an advocate for being not taken any coercive action by the police against him, if he is in prescribed robes?
The court has directed the counsels for the rival parties to address the Court on the issues referred above. A request is made by learned counsels appearing in the matter for change of investigating agency.
But the court has stated that,
“We are not inclined to grant any such relief as the victim or the persons aggrieved may avail appropriate remedy in this regard before the appropriate Court in appropriate proceedings.”
The present matter has been listed on 2 nd February 2021. for next hearing.
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