"Few black sheep cannot be allowed to tarnish image of entire profession": Allahabad HC seeks detail of cases against advocates across Lucknow Distt.

Stressing that "a few black sheep cannot be allowed to tarnish the image of the entire profession," the Allahabad High Court last week directed the Police Commissioner, Lucknow (Uttar Pradesh) to file his personal affidavit stating details of all the cases registered against advocates across the district.

The bench of Justice Rakesh Srivastava and Justice Shamim Ahmed pointed out that the bench had been informed that an organized group of advocates is indulging in extortion, money laundering, blackmailing and is creating difficulty in law and order in the District court campus. To this, the bench said, 

"Such a state of affairs, wherein the rule of law stands hijacked by a few anti-social elements, cannot be allowed to continue."

Therefore, court further directed that the said affidavit will also state the status of investigation and trial of the cases against advocates and the Police Commissioner will also revisit the cases in which the final report has been submitted. 

Court added that if it is found by the Commissioner that there was some laxity in investigation and all the witnesses had not come forward due to fear of the accused persons, it would be open to him to order further investigation in accordance with law.

Further taking note of the looseness in an earlier case regarding misbehavior with the Chief Judicial Magistrate of Lucknow, the court highlighted that after perusal of the report of District Judge, Lucknow, it appeared that a charge sheet was submitted in the year, 2017 however charges had not been framed as of present date.

To this, stressing that it is not a happy situation, court directed, 

"We expect that the District Judge, Lucknow shall submit a fresh report as to what steps have been taken to procure the attendance of the accused and whether process has been served or not."

Court also took note of those cases lying pending across courts in which advocates are accused. Court said that "It further appears that a large number of cases are pending......We would like to know from the District Judge as to how many cases are pending against advocates."

Accordingly, court directed the District Judge to submit his report giving the status of trial by the next date in a sealed cover.

The instant matter relates to a plea filed by advocates practicing at Lucknow seeking the appointment of a responsible administrative or judicial officer to conduct a thorough inquiry into the incident that had taken place in October. 

On October 30, adjacent to gate 6 of the old high court building (near Lucknow District Court complex) at about 4.40 pm 30 to 40 advocates surrounded the petitioners hurdling abusive language. The petitioners were also badly assaulted.

In their plea before the High Court, the petitioners had alleged that it is not safe to perform lawful duties in the District Courts of Lucknow as violence with litigants, police personnel and lawyers has become the rule of the day.

Later on, along with the abovesaid complaint, many other issues came up before the bench pertaining to regular violent incidents that take place in the District Court of Lucknow. 

Cause Title - Piyush Shrivastava (In Person) & Ors. v. State Of U.P. Through Prin. Secy. Home Lko. & Ors.