Daily Archives: 30/05/2021

India: Bombay HC orders enquiry into lawyer’s arrest, handcuffing by Navi Mumbai Police

29/05/21

Bombay HC orders enquiry into lawyer’s arrest, handcuffing by Navi Mumbai Police

Calling the arrest made by Kharghar Police “illegal”, the plea sought an enquiry by an “independent agency”, pleading that Jha had merely accompanied the client to different places for court hearings and that charges against him were “false”.

The Bombay High Court recently appointed a Principal District and Sessions Judge, Thane to “independently” enquire if Kharghar Police station, Navi Mumbai, “illegally detained” a lawyer, Vimal Jha, between April 3 and 5 and “illegally handcuffed” him while producing him before the Magistrate on April 5 to seek his police custody.

After one of his clients accused Jha of kidnapping him in the first week of April and demanding a ransom of Rs 3 crore, Jha was booked by the police.

A division bench of Justice S J Kathawalla and Justice S P Tavade passed an order on May 19 after hearing a writ plea filed by Vimal Jha, the accused, and a PIL by a group called Lawyers for Just Society, challenging the arrest, argued by advocates Prashant Pandey and Subhash Jha, respectively.

Calling the arrest made by Kharghar Police “illegal”, the plea sought an enquiry by an “independent agency”, pleading that Jha had merely accompanied the client to different places for court hearings and that charges against him were “false”.

In the FIR, the complainant had said the accused and his accomplices had forcibly taken him to various locations in the state, including Karjat, Murbad and Nashik.

The petitioner said he was arrested on April 3 and produced before the magistrate on April 5, beyond stipulated 24-hour limitation as per Criminal Procedure Code (CrPC), which was illegal.

The pleas further said Jha was handcuffed and paraded in the court in violation of norms, which stipulate that no accused shall be handcuffed unless magistrate’s order is obtained.

[…]

https://indianexpress.com/article/cities/mumbai/bombay-hc-orders-enquiry-into-lawyers-arrest-handcuffing-by-navi-mumbai-police-7334827/

https://www.outlookindia.com/newsscroll/bombay-hc-orders-independent-inquiry-into-lawyers-arrest-handcuffing/2091784

https://www.newindianexpress.com/cities/mumbai/2021/may/17/bombay-hc-raps-cops-for-failing-to-answer-queries-on-lawyers-arrest-over-kidnapping-charges-2303690.html

https://www.livelaw.in/news-updates/bombay-high-court-raps-police-over-inconsistent-answers-on-lawyers-arrest-174315

USA: Attacked lawyer: ‘the blows came raining down on my head’

27/05/21

https://patch.com/img/cdn20/users/23831001/20210529/053248/styles/patch_image/public/fom-2021-7232___29172512949.jpg

Defense lawyer Michael Davidow remembers telling his client, who was jailed on attempted murder charges, information that he didn’t like — then getting hit by him in the middle of the conversation.

Moments later, “the blows came raining down on my head, over and over, one after the other,” Davidow said Thursday at the sentencing for his former client, Dale Holloway, who pleaded guilty to the assault and received 7 1/2 to 15 years in state prison in a plea agreement. Holloway has a criminal record that includes assault convictions and now awaits trial on charges that he shot and wounded two people at a wedding.

Davidow, who needed months to recover from that visit on Oct. 21, 2019, described what happened as a savage assault “on my head and my face, my mouth and my eyes. And incredibly, it ended when he chose to end it. The guards were never able to come and stop it.”

He remembered feeling that his life was flashing before his eyes, the first of several times that day.

“While he was attacking me, I thought my son was going to grow up without his father. I thought that my wife was going to be alone. And those were my final thoughts, as I thought I was going to die on the floor of a locked cell at Valley Street Jail.”

Davidow, who said his head “felt literally like it had been cracked open,” suffered a hemorrhage and some memory loss. He said he won’t go back to the jail and has taken on fewer felony cases as a result.

Holloway, 38, was already accused of shooting and wounding the bride and presiding bishop at a wedding in Pelham days earlier. Authorities said the groom is the father of a man who was charged with killing Holloway’s stepfather.

[…]

https://apnews.com/article/nh-state-wire-8399d8163852ad8c058f0519df22556a

https://patch.com/new-hampshire/londonderry/dale-holloway-sentenced-prison-assault-his-lawyer

https://www.wcax.com/2021/05/28/nh-man-who-attacked-his-lawyer-sentenced/

https://thehill.com/homenews/news/555600-man-accused-of-wedding-shooting-pleads-guilty-to-attack-on-lawyer

https://www.nhpr.org/post/public-defender-assaulted-inside-valley-street-jail-sues-county#stream/0

https://www.bostonglobe.com/metro/2019/10/26/assault-highlights-how-jails-handle-lawyer-client-meetings/j9I8hSVWy8MRMyTfkzM3NJ/story.html