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1994 DIGILAW 1026 (SC)

Supreme Court BAR Association v. State of Uttar Pradesh

1994-09-14

A.M.AHMADI, J.S.VERMA, M.N.VENKATACHALIAH

body1994
JUDGMENT : M.N. Venkatachaliah, CJI. THE petitioner in this writ petition under Article 32 of the Constitution is the Supreme court Bar Association. The petitioner seeks to ventilate what seems to be a matter of grave concern as to certain happenings in the premises of the High court of Allahabad on 13/9/1994. That day the political parties which are in power in that State had called for a Bundh on the reservation issue. We are not concerned with the implications of the reservation policy or the propriety or otherwise of the call for a Bundh issued by the political parties. 2. HOWEVER, anticipating possible problems of maintenance of law and order in the court premises, the chief justice of the High court appears to have asked the police administration to provide the requisite police security to the High court, the Judges and the lawyers on the day of the Bundh and that there was assurance of proper action by the Inspector General of Police, Allahabad zone. What is alleged to have happened, if the averments in the writ petition and the report sent by the High court is to be believed is indeed gravely disquieting. The report refers to certain resolution of the members of the Bar to the effect that they would work normally on that day and would not observe the 'bundh' called by the political parties. 3. ACCORDING to the averments in the writ petition and in the material in the report, the police not only did not provide any protection to the High court but, on the contrary, allegedly actively connived with certain groups of persons who trespassed into the building and even damaged the chief justice's chambers. Thereafter the mob which was allegedly sponsored, patronised and protected by the police themselves attacked the members of the Bar. Some members of the police force even opened fire and injured some of the members of the Bar. Despite all this, no higher officer came to control the unruly situation. 4. UNDER these circumstances the High court sought help from the central Government which, it is stated, responded and certain paramilitary forces of the central Government were deployed. It is stated that these paramilitary police personnel of the central Government continued to be present in the premises of the High court for its protection. 4. UNDER these circumstances the High court sought help from the central Government which, it is stated, responded and certain paramilitary forces of the central Government were deployed. It is stated that these paramilitary police personnel of the central Government continued to be present in the premises of the High court for its protection. The petition which is a public interest action, seeks initiation of proceedings of criminal contempt against the police officers concerned for obstructing and interfering with the administration of justice; for payment of compensation to the injured persons, to ensure protection to the High court and investigation and prosecution of the guilty officers. 5. WE have heard Shri K. K. Venugopal, learned Senior Counsel appearing for the petitioner, the Supreme court Bar Association. At our request learned Attorney General and learned Solicitor General were present. The Home secretary, the Additional Home secretary and the Directors of the CBI and IB are also present. 6. IF what is alleged is true, the situation is a grave one and would call for serious measures to stem this pernicious trend. It attempts to intimidate the judicial institutions and particularly the High court of a State by the guardians of law who are otherwise expected to protect these institutions, the matter has to be viewed with utmost concern. This trend, if allowed will destroy the fabric of our Constitution and our chosen form of government. It is the highest duty of every governmental agency to guard and protect the judicial institutions from such attack on them. The great cherished values of the Constitution, the rule of law, human rights and the dignity and all varieties of a civilised life will be eroded if such executive high-handedness is allowed to prevail. 7. WE direct the State government's Standing Counsel to take notice for all the respondents except Respondent 7. Shri Parameswaran shall take notice for Respondent 7. As the matter is most urgent, we direct the State Government to file its counter-affidavit, if any, by 2. 00 p. m. tomorrow. The Chief secretary of the Uttar Pradesh and the Director General of Police, U. P. are directed to be personally present in the court at 2. 00 p. m. tomorrow. 8. SHRI Venugopal has sought an amendment of the cause title of the petition to enable the impleadment for some of the officers. The prayer is granted. The Chief secretary of the Uttar Pradesh and the Director General of Police, U. P. are directed to be personally present in the court at 2. 00 p. m. tomorrow. 8. SHRI Venugopal has sought an amendment of the cause title of the petition to enable the impleadment for some of the officers. The prayer is granted. In particular, Shri Pushkar, Inspector General of Police, Allahabad zone who reportedly assured the chief justice of the High court police protection on that day but exposed the High court to a police-aided attack and has prima facie, much to explain shall also be present in the court at 2. 00 p. m. tomorrow. 9. THE interlocutory prayers in the writ petition including an investigation by the CBI shall be considered tomorrow after the State Government and its authorities have an opportunity of filing counter-affidavits and of being heard. 10. IN the meanwhile, the central Government is directed to ensure protection of the High court, its Judges, staff and the members of the Bar by deploying adequate paramilitary forces so as to ensure the normal functioning of the High court and the safety of the judges, officers and lawyers. The State Government is directed to afford all facilities to the officers and authorities of the central Government posted there in pursuance of this order. 11. THE Home secretary, the Special secretary (Home), the Director, CBI and the Director, IB are also directed to remain present in the court at 2. 00 p. m. tomorrow.