Tag Archives: India

India: Karnataka High Court Directs State Govt To Pay Rs 3 Lakh Compensation To Illegally Arrested Lawyer

23/01/23

The Karnataka High Court recently directed the State government to pay Rs 3 lakh as compensation to a 23 year old lawyer who was illegally arrested by the police last month.

The Bench of Justice M Nagarasanna observed that arrest of the lawyer was against the principles laid down in Arnesh Kumar judgement and clarified that the compensation given by the court would not affect the rights of the lawyer to seek additional compensation in civil court.

In the instant case, the petitioner owned some land that abutted the land owned by one Bhawani and her husband K Vasanth Gowda.

It is alleged that the Gowda started obstructing the petitioner’s property and was also trying to erect a permanent gate in order to prevent the petitioner and his family from using the road leadin to their agricultural land.

Pursuant to same, secured an order of temporary injunction against Gowda and sought help of the police to protect his property. However , on 2nd December 2022, the police closed the case calling it a land dispute.

On 22nd December itself, Gowda’s wife registered a complaint against there petitioner u.s 447 and 379 of IPC for alleged theft of gate and criminal trespass.

The petitioner submitted that even before the FIR was registered, the police barged into his house at about 8 pm, manhandled him and then dragged him to the police station.

[…]

https://www.newindianexpress.com/states/karnataka/2023/jan/23/when-people-fear-the-state-there-is-tyranny-karnatakahigh-court-2540604.html

India: Arrested Sambalpur lawyers subjected to third degree torture

17/12/22

“The Sambalpur superintendent of police himself used third-degree torture on the lawyers,” Mishra alleged.

Sambalpur lawyers, arrested for resorting to violence during their protest for setting up of the High Court bench in the western district, are reportedly being subjected to third degree torture by police, alleged BJP leader and Leader of Opposition Jayanarayan Misha on Saturday.

Speaking to the media the saffron party leader demanded an investigation into the matter and said the state government should send a medical team on urgent basis to treat the injured lawyers. 

“The arrested lawyers are subjected to third degree torture. The Sambalpur superintendent of police himself used third-degree torture on the lawyers. Their family members were not even allowed to meet them,” Mishra alleged.

Speaking to OTV, Mishra said, “A medical report should be prepared in this regard and stringent action should be taken against the errant police involved in the inhumane act. Even I was shocked to know that senior lawyers were subjected to third degree torture by the Sambalpur SP.” 

[…]

https://odishatv.in/news/politics/arrested-sambalpur-lawyers-subjected-to-third-degree-torture-bjp-192582

https://www.newindianexpress.com/states/odisha/2022/dec/14/lawyers-suspend-strike-in-sambalpur-17-arrested-2528056.html

https://timesofindia.indiatimes.com/city/bhubaneswar/bci-restores-licences-of-most-sambalpur-lawyers/articleshow/96314166.cms

https://odishatv.in/news/odisha/lawyers-agitation-in-sambalpur-licence-of-29-protesting-lawyers-suspended-192201

https://odishatv.in/news/odisha/lawyers-strike-at-sambalpur-kacheri-chhak-turns-battlefield-192148

https://www.livelaw.in/news-updates/odisha-lawyers-strike-bci-suspends-licenses-of-29-protesting-lawyers-of-sambalpur-for-18-months-216525

https://www.dailypioneer.com/2022/state-editions/15-sambalpur-lawyers-arrested-for-vandalism.html

India: Bill to protect lawyers in Winter Session

12/12/22

The proposed Bill will have provisions to deal with attacks on lawyers

A Bill, providing protection to lawyers, will be introduced in the upcoming winter session of the legislature in Belagavi, Chief Minister Basavaraj Bommai has said. 

Bommai said this when a delegation of the Advocates’ Association met him on Sunday.

The proposed Bill will have provisions to deal with attacks on lawyers.

“In recent days, violent attacks on lawyers have increased and some of them were killed. In this backdrop, a Bill for the protection of lawyers should be introduced in both houses of the legislature,” the Association requested Bommai. 

[…]

https://www.deccanherald.com/state/top-karnataka-stories/bill-to-protect-lawyers-in-winter-session-bommai-1171149.html

https://www.heraldgoa.in/News-Today/ADV-SAWANT-ASSAULT-CASE-Lawyers-threaten-to-carry-on-agitation-till-culprits-are-arrested/198104

https://www.indiatoday.in/cities/chennai/story/madras-high-court-lawyer-hacked-to-death-by-6-men-1997910-2022-09-08

https://www.indiatoday.in/india/story/lawyer-practicing-supreme-court-receives-death-threat-seeks-protection-1980317-2022-07-26

https://www.newindianexpress.com/states/odisha/2022/dec/13/12-lawyers-arrested-over-vandalism-in-district-court-in-odishas-sambalpur-2527798.html

https://indianexpress.com/article/india/jaipur/advocates-protest-lawyer-kills-self-sdm-sho-booked-abetment-suicide-7963612/

https://timesofindia.indiatimes.com/readersblog/legal-writing/new-advocates-protection-bill-2021-34871/

https://www.legalserviceindia.com/legal/article-8329-advocate-and-the-advocate-protection-bill-2021-issues-and-challenges.html#:~:text=Any%20Advocate%20who%20is%20under,is%20registered%20to%20practice%20law.

India: Porvorim police take (law)yer into their own hands

09/12/22

Head constable brutally attacks lawyer in the home of his client in a civil property matter, victim suffers grievous head injuries and fractured skull, kept kicking him on way to police station

Yet another act of police brutality was reported, wherein Adv Gajanand Sawant was allegedly assaulted by Porvorim Police on Thursday.

The assault caused widespread rage among the lawyers’ community following which an emergency meeting has been convened on Friday. 

Adv Sawant has suffered grievous injuries to his head and a fractured skull after being assaulted with a blunt object.

Narrating the brutal incident to reporters in GMC, Sawant said, “On receiving a call from his client, I had gone to site where his client was being dispossessed from his residential flat. There is a civil suit pending in the matter. This is a civil matter. You can’t use criminal force to dispossess anyone with force.” 

Sawant said, “I told the head constable and four other policemen at the spot that they cannot use force to dispossess. After a discussion for 10 minutes, the Head Constable pushed me off to the side and assaulted me with a wooden plank.”

“I was further pushed into a police vehicle while being assaulted with kicks. They assaulted me even while I was being taken to police station,” Sawant said.

Demanding the immediate arrest of the accused police official, the Advocates’ Association said the said head constable has been involved in similar assault cases in the past.

Lawyers who came in support of Adv Sawant said, “If this happens to advocates, imagine the plight of the common man. The erring policeman has to be arrested immediately.”

Criminal lawyer from Mapusa, Adv Vinayak Parab said, “Sawant has a grievous injury to his jaw and his skull has swelling. He is undergoing treatment in Goa Medical College and Hospital, Bambolim. We are not going to take this lying down.”

https://www.heraldgoa.in/Goa/Porvorim-police-take-lawyer-into-their-own-hands/197903

https://www.heraldgoa.in/Goa/Lawyer-murderously-assaulted-by-Porvorim-cops-has-his-broken-jaw-fixed-with-wires/197958

https://timesofindia.indiatimes.com/city/goa/lawyer-assault-fir-filed-against-cops-for-attempt-to-murder/articleshow/96118977.cms

https://www.thegoan.net/goa-news/%EF%BB%BFn-goa-advocates-assoc-condemn-brutal-attack-on-mapusa-lawyer/92420.html

https://www.heraldgoa.in/Goa/When-beastly-brutality-wears-a-uniform-the-black-coats-turn-up-for-justice/197959

https://thewire.in/communalism/shocking-silence-around-the-communal-attack-on-academic-freedom-at-indore-law-college

Jammu & Kashmir: Case vs 3 Kashmir lawyers could bring down key bastion of separatists 

24/11/22

Law Secretary’s Achal Sethi’s complaint to the Jammu and Kashmir High Court, seeking action under the Advocates Act, 1961, against three senior Kashmiri lawyers is unprecedented and pregnant with consequences for Kashmir’s 33-year-long separatist movement. All the three, accused of ‘professional misconduct’ and anti-national motivation, have served as Presidents of Kashmir’s High Court Bar Association (HCBA).

The latest action against the three leading advocates could well end up in cancellation of their licences if the High Court’s Disciplinary Committee is not satisfied with their explanations. It can bury the separatist activism in the Bar forever.

While senior advocate Mian Abdul Qayoom has been inclined towards the separatist hardliner Syed Ali Shah Geelani, Nazir Ahmad Ronga has lived in close proximity to Mirwaiz Umar Farooq. Ghulam Nabi Thoker alias Shaheen has also been a high profile separatist.

For 10 years, from 1993 to 2003, the HCBA functioned as a constituent of the General Council of the secessionist conglomerate ‘All-party Hurriyat Conference’ (APHC). Like the APHC, which comprised 26 political, religious, social and other organisations, including a representative union of the Jammu & Kashmir Government employees, the HCBA called for “resolution of the Kashmir dispute as per the UN resolutions of 1948-49 or tripartite talks between India, Pakistan and the Kashmiris”.

Like the APHC, the HCBA too campaigned against the alleged human rights violations by the Police and security forces against the people of Kashmir, visited the residences of the militants killed in encounters with floral tributes, contested detentions of militants and separatists in different courts and left no stone unturned to paint India, its security forces and institutions black. It enjoyed unflinching support of the separatists and the militants. At least on one occasion, a Pakistan-based jihadist outfit issued a diktat, asking a particular candidate’s rivals to withdraw nominations from the Presidential election.

When a delegation of the Pakistani journalists visited the old High Court complex in Srinagar during Mufti Mohammad Sayeed’s first term as Chief Minister, the slogans at the premises included “Yehan kya chalega: Nizaam-e-Mustafa”.

During his cross-examination by advocate Sheikh Shakeel Ahmad, in the HCBA’s contempt case against the Kot Bhalwal Jail Superintendent Mirza Saleem Beg on 7 April, 2010, Qayoom said audaciously in the court of Justice Mohammad Yaqoob Mir that he didn’t consider himself as an Indian citizen. According to a report in a local newspaper, he also asserted that he did not believe in the Indian Constitution.

Notwithstanding hundreds of such statements and demonstrations, no government disputed Qayoom or his colleagues’ credentials as licensed legal practitioners. Until today, the government has never banned either the APHC or the HCBA. 

[…]

https://www.indianarrative.com/kashmir-news/case-vs-3-kashmir-lawyers-could-bring-down-key-bastion-of-separatists-75552.html

https://www.greaterkashmir.com/todays-paper/front-page/high-court-summons-mian-qayoom-2-other-advocates-over-misconduct

http://brighterkashmir.com/hcs-disciplinary-committee-puts-mian-qayoom-2-more-lawyers-on-notice

https://www.barandbench.com/news/jammu-kashmir-high-court-summons-three-senior-advocates-anti-national-activities

https://thewire.in/law/jk-hc-summons-3-senior-advocates-after-law-secys-complaint-calls-them-hurriyat-supporters

Mian Abdul Qayoom

India: Lawyer attacked with a sword

19/11/22

In Chhola area, an ASI attacked the lawyer with a sword. The lawyer suffered a head injury in the attack. The injured have been admitted to the People’s Hospital. The lawyer told the police in a statement that on Thursday night the policeman was partying on the terrace with friends. When he passed, they started abusing. On protesting, they attacked with a sword. Chhola Thana Mandir Police has registered a case against the ASI.

According to the information, Sudama Prasad, who lives near Siddhi Vinayak City Village Maholi Shankar Temple, is an advocate in Bhopal Court. He said that on Wednesday night at around 10.30 he returned home after taking the medicine. He had reached near the house of his neighbour ASI Ripudaman Singh Bhadauria, started abusing him.

On protesting, the boys present with him attacked him with sticks. Meanwhile, Ripudaman Singh attacked him on the head with a sword. Sudama fell on the ground in the attack. The relatives took him to a private hospital in critical condition.

On Thursday, Chhola police station took the statement of Sudama Prasad in the hospital. He told about the incident to the police.

SI Rajesh Tiwari said that a case has been registered against the accused. Complaints have also been received from the other side. The Police is investigating. Further action will be taken only after investigation. ASI Ripudaman is posted in PHQ.

https://www.dailypioneer.com/2022/state-editions/lawyer-attacked-with-a-sword.html

https://www.freepressjournal.in/bhopal/bhopal-asi-abuses-lawyer-hits-him-with-sword-booked

India: Empty courtrooms, mass adjournments at Kerala High Court as lawyers protest police violence against Kollam advocate

20/09/22

This is the first time in the recent past that courtrooms have been completely deserted which is perhaps an indication that this protest is unlikely to die down without resolution.

Courtrooms at the Kerala High Court wore a deserted look on Tuesday, barring a few judges and court officers, as lawyers practicing before the High Court and the District Courts in Ernakulam abstained from work in solidarity with the ongoing protests by the Kollam Bar Association.

The Kollam Bar has been protesting the manhandling of a lawyer by police personnel.

A notice issued by the Kerala High Court Advocates’ Association early this morning stated that since the government has not yet taken any evident action against erring police officials, members of the KHCAA will be boycotting work today.

The issue concerns advocate P Jayakumar, a member of the Kollam Bar Association who was allegedly subjected to violence in police custody when he was detained in connection with a road accident.

The incident had led to a protest by some lawyers in the premises of the District Court at Kollam, which then ended up in a violent clash between lawyers and police officers on September 13.

The members of the Kollam Bar Association have since been boycotting work and demanding that action be taken against the erring police personnel.

The protest gained momentum over the past week with lawyers of the High Court also joining in abstaining from work.

The KHCAA had, in 2021 also, engaged in similar protests, against police summons issued to Senior Advocate B Raman Pillai, implementation of e-filing, among others.

https://www.barandbench.com/news/empty-courtrooms-mass-adjournments-at-kerala-high-court-as-lawyers-protest-police-violence-against-kollam-advocate

https://www.livelaw.in/news-updates/advocates-at-kerala-high-court-boycotts-court-work-in-protest-against-police-atrocity-in-solidarity-with-kollam-bar-association-209743

https://www.thenewsminute.com/article/kollam-bar-association-lawyers-continue-boycott-week-after-clash-police-168055

https://india.postsen.com/trends/248352/Lawyers-will-boycott-High-Court-today-Lawyers-will-boycott-High-Court-today.html

https://www.verdictum.in/news/kerala-high-court-advocates-association-boycott-1439545

India/Kashmir: Lawyer’s body found hanging from tree in Budgam

12/09/22

An advocate was found hanging from a tree in Arath area of central Kashmir’s Budgam district on Monday morning.

“Today morning dead body of one person namely Tariq Ahmad Mir s/o Abdul Gani Mir R/o Wadwan Budgam (age about 40 yrs ) was found hanging in the orchards of village Arath Budgam by locals. A Police team headed by SHO PS Budgam and Chowki officer Soibug alongwith with FSL team visited the spot immediately. The place of occurrence was examined and dead body was taken into custody for post mortem and other legal formalities. Proceedings under section 174 CrPC have been initiated by Police, ” a police spokesman said.

Locals found Advocate Tariq Ahmad, son of Abdul Ganie Mir, a resident of Wadwan area of the district hanging from the tree following which police was informed, news agency KDC reported.

A police officer confirmed the incident and said the body will be handed over to the family for last rites after medico-legal formalities.

A case under relevant sections of law is being registered and further investigation has been set into motion, he added.

https://www.greaterkashmir.com/kashmir/advocate-found-dead-in-budgam-village-police-register-case

India: Rights lawyer Teesta Setalvad gets bail in 2002 Gujarat riots case

02/09/22

India’s Supreme Court has granted bail to one of the country’s best-known rights lawyers.

Teesta Setalvad has long fought for the victims of the deadly 2002 riots in the western state of Gujarat and accuses Prime Minister Narendra Modi, who was then the state’s chief minister, of complicity.

She was arrested in June on charges of “forgery and fabricating evidence” in a riots case.

Her arrest was widely condemned by global rights groups.

It also sparked protests with critics accusing Modi and his Hindu nationalist Bharatiya Janata Party (BJP) government of targeting Setalvad for her work.

Since 2003, Setalvad has been accused in at least seven cases — allegations range from violating India’s foreign exchange rules and embezzling funds raised from riot victims to coaching witnesses in the trials.

But investigators were never able to charge her and the courts refused police requests for her custody to question her about five times.

The 2002 riots in Gujarat were among India’s worst outbreaks of violence in decades.

Nearly 2,000 people — mostly Muslims — died in the riots which began after 60 Hindu pilgrims died in a train fire, which was blamed on Muslims, in the town of Godhra.

The state’s BJP government and Modi were accused of not doing enough to bring the violence under control — an allegation he has consistently denied.

In June, the Supreme Court cleared him of complicity after ruling that there was no evidence against him.

Two days later, police arrested Setalvad after registering a fresh case of forgery and criminal conspiracy against her.

Setalvad, who denies the allegations against her, approached the Supreme Court for bail after her plea was rejected by a trial court and the Gujarat High Court deferred the matter for a longer period.

[…]

https://saudigazette.com.sa/article/624540/World/Asia/Human-rights-lawyer-Teesta-Setalvad-gets-bail-in-2002-Gujarat-riots-case

https://www.bbc.com/news/world-asia-india-62722597

https://www.aljazeera.com/news/2022/9/2/indian-activist-teesta-setalvad-gets-bail-in-2002-gujarat-riots-case

https://www.livelaw.in/top-stories/supreme-court-grants-interim-bail-to-teesta-setalvad-in-gujarat-police-fir-gujarat-riots-case-208231

https://www.startribune.com/indias-top-court-grants-bail-to-activist-in-2002-riots-case/600203285/

https://www.frontlinedefenders.org/en/profile/teesta-setalvad

https://en.wikipedia.org/wiki/Teesta_Setalvad

India: 3 Gugruam policemen booked for intimidating Chandigarh-based lawyer for client information

02/09/22

Chandigarh-based lawyer said police had first offered me ₹7 lakh as bribe to disclose where his clinets, a couple seeking protection after marriage, were residing

Police on Thursday booked three Gurgaon police personnel for allegedly conducting a search operation at the house of an advocate practising at the Punjab and Haryana high court and offering him a bribe for disclosing his client’s personal information.

The court has directed the police commissioner, Gurgaon, to investigate the matter and file an affidavit in the court within a week.

According to information, a couple, residents of Gurgaon, had sought protection from the high court after their marriage. Advocate Sarvesh Kumar Gupta, a resident of Nayagaon, was representing their case.

In his complaint to police, Kumar said, “I am fighting a case in high court for protection of life and liberty of a couple. The police first contacted me over phone and offered me ₹7 lakh as bribe to disclose where the couple is hiding or residing in Chandigarh. As I refused to reveal the information, three police personnel from Bilaspur police station of Gurgaon, namely—Manjeet, Mahesh and Nancy—entered my house on August 23 and detained my wife.”

“Police then started searching for the couple at my residence. Police also took my wife to some untraceable places to search for the couple. When my wife asked them to show a search warrant, they threatened her. My seven-year-old daughter was left alone in the house. Police also threatened her to falsely implicate our family in some false case or harm to their life and liberty,” he added.

On the complaint, the police registered a case against the three police personnel at Nayagaon police station, under sections 447 (criminal trespass), 341 (wrongful restraint) and 506 (criminal intimidation) of the Indian Penal Code (IPC)

https://www.hindustantimes.com/cities/chandigarh-news/3-gugruam-policemen-booked-for-intimidating-chandigarh-based-lawyer-for-client-information-101662071374077.html

https://indianexpress.com/article/cities/chandigarh/3-cops-of-haryana-police-booked-for-trespassing-on-advocates-house-8126070/