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The protest was being held because two practicing advocates, Rajaram Adhav and his wife Manisha Adhav, were allegedly kidnapped and killed by their client. The police had granted permission for the protest
The Bombay High Court recently dismissed a petition alleging police assault at Azad Maidan during a protest by advocates seeking the implementation of the Advocates Protection Act in Maharashtra.
The division bench of the high court, comprising Justice Revati Mohite Dere and Justice Shyam Chandak, was hearing a petition filed by Advocate Nitin Satpute alleging police assault on advocates during the protest.
The protest was being held because two practicing advocates, Rajaram Adhav and his wife Manisha Adhav, were allegedly kidnapped and killed by their client. The police had granted permission for the protest.
The petitioner, Advocate Nitin Satpute, alleged that during the protest, the advocates were not provided with refreshments in the scorching heat, leading to one of the lady advocates fainting and subsequently being taken to the hospital.
The petitioner also alleged that the police assaulted the advocates and resorted to a lathi charge.
Public Prosecutor Hiten Venegaonkar, appearing for the state government, submitted that although permission for a peaceful protest was granted, the advocates jumped over the barricades.
He added that the lady police officers helped the advocate who fainted and took her to the hospital for treatment. Furthermore, he submitted that everything was captured on CCTV and there was no lathi charge on the lawyers.
The court after perusing the CCTV footage concluded that there was no assault by the police on advocates.
"We also do not find that the Police assaulted any person, in the said incident. Infact, the photographs show a lady Constable assisting the lady Advocate who had fainted and that the advocate was taken to a hospital, in a Police vehicle. The fact that the lady fainted on account of heat and not on account of assault is also not disputed by the learned Counsel for the Petitioner. Admittedly, none of the alleged injured persons have come forward, nor is there any photograph placed on record by the Petitioner to show that anybody was assaulted by the Police," the court said.
While dismissing the petition the high court noted that one of the lawyers
had climbed up on the Gate and that all efforts were taken by the Police to pacify the lawyers from coming on the road and proceeding towards Mantralay
Case title: Nitin Shivam Satpute vs State of Maharashtra & Ors.
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