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1999 DIGILAW 290 (ORI)

BIJAY KUMAR SHARMA v. STATE OF ORISSA

1999-08-20

ARIJIT PASAYAT, B.P.DAS

body1999
JUDGMENT : A. Pasayat, Acting C.J. 1. Considering alarming increase of cases where the police personnel and learned members of the Bar make accusations against each other, this Court on several occasions has tried to find a way out. The primary consideration in such cases was that such disputes do not bring any glory to either the police personnel or the learned members of the Bar. In OJC No. 7702 of 1997 disposed of on 15.7.1997 also this question was considered. The case at hand has direct link to the said case. Certain observations made while disposing of the aforesaid case need to be quoted. "while disposing of OJC No. 9367 of 1996 this Court took note of alarming rise in number of cases involving members of legal profession and police personnel and directed that some remedy of lasting value should be found out to avoid such unnecessary and undesirable controversies/confrontations. Order dated 24.9.1996 passed in OJC No. 9367 of 1996 reads as follows : "We dispose of the above two writ petitions with the following order: The dispute is between the members of the legal profession and the members of the police force. A Division Bench of this Court by order 20.9.1996 passed in OJC No. 4448 of 1 996 has directed to constitute a committee consisting of the Home Secretary, Director General of Police, President of Orissa High Court Bar Association, Chairman of the Orissa State Bar Council, and the Advocate General of the State, which shall go into the dispute and submit a report as to how best the problems can be solved and good feeling restored. The Committee shall also give suggestion as to how such controversies can be remedied and sorted out amicably. We add here that the learned Advocate General shall be the convenor of the above committee. He shall convene a meeting and place the grievances including the grievances raised in the present writ petitions before the committee. This shall be done within a month. The committee shall consider the grievances and dispose of the same by a speaking order within the time stipulated in the case referred to above." 2. It is to be noted that earlier in OJC Nos. 4448 and 9367 of 1-996, similar problems were dealt with. A Committee was constituted to deal with the matter. The committee shall consider the grievances and dispose of the same by a speaking order within the time stipulated in the case referred to above." 2. It is to be noted that earlier in OJC Nos. 4448 and 9367 of 1-996, similar problems were dealt with. A Committee was constituted to deal with the matter. A Commission was set up by the State Government to enquire into the matter under the Commissions of Inquiry Act, 1952 (in short, the 'Act'). The Commission inter alia was required to give findings on the following aspects, as evident from notification (SR.944/ 96) dated 13.12.1996 of the Home (Special Section) Department. "(i) The verification of the events leading to injury of some of the members of the Bar Association, Bhubaneswar and some, of the police personnel on duty on the 27th August, 1996 before the Orissa Secretariate main gate; (ii) the police action on the advocates, if any, and if so, the nature of such action and whether the same was justified and warranted in the given situation; (iii) arrangements for treatment of injured persons if any out of the consequences of the indicent; (iv) circumstances leading to putting locks in the Judicial Courts and Executive Courts on the 28th August, 1996 resulting in non-functioning of such Courts and causing inconveniences if any to the common men and circumstances leading to closing down of the office of the B.D.O. and Endowment Commissioner and continuance of the agitation thereafter; (v) circumstances, if any, preventing the production of accused persons as well as prisoners in the Judicial Courts by the police; (vi) the enquiry shall also cover such matters as are connected with or incidental to the aforesaid agitation of the lawyers commencing from the 27th August, 1996." 3. It was observed in OJC No. 7702 of 1997 as follows : "It is not in dispute that scope of enquiry/recommendations,to be made by the Committee appointed by this Court is wider in its amplitude than the enquiry required to be done by the Commission and in addition to find out factual aspects it in required to suggest as to how in future such controversies/ confrontation can be avoided. That being the position, we feel that dispute between members of Bhubaneswar Bar and Police can also be looked into by the Committee constituted pursuant to directions given by this Court in OJC Nos. That being the position, we feel that dispute between members of Bhubaneswar Bar and Police can also be looked into by the Committee constituted pursuant to directions given by this Court in OJC Nos. 4448 and 9367 of 1996. The Commission appointed pursuant to Notification of Home (Special Section) Department as referred to above need not function. In fact by order dated 19.6.1997 further proceedings before the Commission were stayed. Home (Special Section) Department should forthwith issue a notification about cessation of Commission's functions. The Committee while looking into specific aspects which the Commission was required to look into by notification shall also look into the aspects as directed in OJC Nos. 4448 and 9367 of 1996. It shall give its suggestions as to modalities which can be adopted for disposal of criminal cases instituted against members of the Bar and police personnel." 4. In view of the order dated 24.9.1995 passed earlier on OJC No. 9367 of 1996, the Commission appointed pursuant to the notification of the Home (Special Section) Department was directed not to function. The Committee constituted pursuant to the direction given in that case was directed to look into the dispute involved in OJC No. 7702 of 1997. It appears that the Committee considered grievances of the parties and by order dated 5.1.1998 disposed of the matter. It suggested that all the cases filed by the learned members of the Bar and the police personnel are to be closed. Accordingly the D.I.G. of Police, Khurda wrote a letter to the learned Advocate General giving details of cases which were to be closed. Records reveal that all the police cases were closed. But contrary to the directions given by the Committee, the complaint cases filed by the learned members of the Bar continued. It has been highlighted by the petitioner that the purpose for which the Committee was constituted to bring about fellow-feeling and amity amongst the police personnel and the learned members of the Bar would be frustrated, and continuance of the complaint cases would be a step in the negative direction. 5. We have perused the orders passed in various cases and have heard the learned counsel appearing for the parties. The Committee constituted has taken note of the relevant aspects and has suggested closure of all the cases. The obvious object was to bury the differences and. bring about fellow-feeling and amity. 5. We have perused the orders passed in various cases and have heard the learned counsel appearing for the parties. The Committee constituted has taken note of the relevant aspects and has suggested closure of all the cases. The obvious object was to bury the differences and. bring about fellow-feeling and amity. The police personnel and learned members of the Bar are Important citizens of the society. Differences amongst them over petty matters would not be in the interest of the society. Forgive and forget in these matters is the proper approach. We feel continuance of the complaint cases would not be in the larger interest of the society and the community. We, therefore, direct that the complaint cases i.e.. I.C.C. No. 284 of 1996 and I.C.C. No. 321 of 1996 pending in the Court of learned Sub-divisional Judicial Magistrate, Bhubaneswar be closed. This order is being passed in exercise of powers conferred under Articles 226 and 227 of the Constitution of India in the special circumstances of the case. The writ application is accordingly disposed of. The records be sent back forthwith.