The Punjab and Haryana High Court on Tuesday stepped in on its own motion after allegations surfaced that a lawyer in Punjab’s Nayagaon was assaulted by Haryana Police personnel, an incident that has triggered a two-day work suspension by members of the Bar.
A bench led by Chief Justice Sheel Nagu and Justice Sanjiv Berry sought an affidavit from the Punjab Director General of Police by Wednesday afternoon, as lawyers pressed for the registration of a criminal case against the policemen involved. The court fixed the matter for further hearing at 2 pm on Wednesday.
According to the allegations placed before the court, Haryana Police personnel, reportedly in plain clothes, entered Punjab territory on November 30 without informing the local police and allegedly assaulted an advocate at his residence in Nayagaon. The officers were said to be investigating a case originating in Hisar. Lawyers have described the incident as a clear abuse of police power and claimed that repeated written representations to the police yielded no action.
Taking note of the complaint submitted to the Mohali police on December 7, the Chief Justice observed that the contents disclosed prima facie cognisable offences. “The beginning of the complaint itself shows that prima facie cognisable offences are made out. It is not understandable why an FIR has not been registered,” the Chief Justice remarked in open court.
While addressing the grievance, the bench also expressed concern over the ongoing abstention from work by lawyers. The court reminded the Bar of its responsibility towards litigants, particularly those travelling from distant places, and cautioned that such disruptions cause hardship to the public. It underlined that the concept of a strike was “foreign” to the Bar and noted that the Supreme Court has already declared strike calls by lawyers to be illegal.
Despite the court’s appeal to resume work, lawyers representing the Bar informed the bench that the general house had decided not to return to work until an FIR was registered. As of late Tuesday evening, no FIR had been lodged by the Mohali police. The High Court Bar Association’s general house is expected to meet again at 9 am on Wednesday to review the situation ahead of the scheduled court hearing.
