The High Court Bar Association, Allahabad (HCBA) has submitted a supplementary affidavit along with video evidence in the Allahabad High Court, alleging police misconduct and assault on lawyers practicing in the High Court. The case, filed as a Criminal Writ Public Interest Litigation (No. 3 of 2025), is being heard by a Division Bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi.
Background of the Case
The HCBA has accused certain police personnel in Prayagraj of committing atrocities against lawyers. Senior Advocate Anil Tiwari, appearing for the HCBA, has claimed that practicing advocates have been subjected to unlawful physical assault and harassment by the police. To substantiate these allegations, a pen-drive containing video evidence has been submitted to the court.
In response to a previous order dated February 6, 2025, the State of Uttar Pradesh has also filed personal affidavits from several top officials, including:
– Divisional Commissioner, Prayagraj
– Mela Adhikari, Prayagraj
– Police Commissioner, Prayagraj
– District Magistrate, Prayagraj
– Deputy Commissioner of Police (Traffic), Prayagraj
These affidavits, along with the supplementary submissions made by the HCBA, have been taken on record by the court.
Key Legal Issues Involved
1. Allegations of Police Excesses – The primary concern raised by the HCBA is the alleged physical and mental harassment of advocates by the police.
2. Right to Practice Without Fear – The case raises significant legal questions about the right of lawyers to discharge their professional duties without fear or intimidation.
3. Accountability of Law Enforcement – The court will examine whether the police officers involved have violated constitutional and legal protections afforded to citizens, particularly lawyers.
Court’s Observations and Orders
During the hearing, Senior Advocate Anil Tiwari strongly argued that practicing advocates have been subjected to personal atrocities by certain police officials. He sought time to submit personal affidavits from the victims detailing their experiences. The court granted two days for the submission of these affidavits.
Similarly, the State’s counsel, led by Additional Advocate General Manish Goyal, also requested time to file a response to the second supplementary affidavit submitted by the HCBA. The court granted the same.
Importantly, the court directed that the pen-drive containing evidence be placed under the safe custody of the Registrar General of the Allahabad High Court, ensuring its security and availability for review in the next hearing.
The matter has been listed for fresh hearing on February 18, 2025. The court is expected to examine the video evidence and additional affidavits before taking further action.
Legal Representatives Involved
– Petitioner: High Court Bar Association, Allahabad
– Counsel for Petitioner: Senior Advocate Anil Tiwari, assisted by HCBA Secretary Vikrant Pandey
– Respondent: State of Uttar Pradesh
– State’s Legal Representatives:
– Additional Advocate General Manish Goyal
– Government Advocate A.K. Sand
– Additional Government Advocate Rupak Chaube
