Delhi HC orders judicial probe into Tis Hazari Court clash

New Delhi: The Delhi High Court on Sunday swooped down on the concerned authorities with respect to the clash between lawyers and Delhi Police personnel at Tis Hazari Complex two days ago, thereby ordering a judicial enquiry into the matter and directing that two senior police officials – the ones who allegedly ordered a lathi charge and firing of rounds on the lawyers respectively – be transferred during pendency of the probe.

Meanwhile, six cases were registered in this regard.

A bench of Chief Justice DN Patel and Justice Hari Shankar convened on a holiday, taking suo motu cognizance of the incident, given the wide media coverage, according to which 29 persons were injured, including three lawyers who suffered gunshot wounds.

As per the Delhi High Court order, Justice (retd) SP Garg will head the judicial probe, with assistance from chiefs of the Central Bureau of Investigation, Vigilance, and Intellugence Bureau, with a deadline of six weeks, after which a report must be submitted to the court.

The courtroom was packed on the Sunday afternoon with a number of lawyers' associations pleading for a judicial probe into the matter, following which the HC bench also ordered that no coercive action be taken against any of the lawyers based on FIRs lodged at the behest police officials.

Justices Patel and Shankar directed the Delhi Police Commissioner to transfer Special CP Sanjay Singh, the one who had allegedly ordered a lathi charge on the protesting lawyers and Additional DCP Harinder Singh, the one who had allegedly orderd shots to be fired. Both are to remain at their transferred postings during the pendency of the probe.

The Bar Council of India welcomed the High Court's order with respect to the judicial probe and said that they along with other Bar Associations were satisfied with the order. The statement signed by Bar Council Chairman Manan Kumar Sharma also appealed to all lawyers that the strike on Monday not be continued on Tuesday onwards "in view of the quick positive step" taken by the court.

In addition, the court also directed the Commissioner here to take immediate action against Assistant Sub Inspector Kanta Prasad, who allegedy dragged an advocate inside the lock-up and beat him up, and ASI Paswan, who allegedly fired the shots at the lawyers.

While the Delhi Police has officially acknowledged the firing, it said that police officials had fired only in the air. Moreover, according to the police's version, the lawyers broke into the court lock up and started manhadling police officials.

The clash between lawyers and police broke out on Saturday afternoon after an argument over a parking spot between an advocate and some police officials, which quickly escalated. The directions were issued after hearing the heads of various lawyers bodies, including Bar Council of India, Bar Council of Delhi, Supreme Court Bar Association, Delhi High court Bar Association, coordination committee of Delhi district courts, which demanded that there should be judicial probe into the incident.

Advocate Rahul Mehra, representing the Delhi Police, told the court that in the clash between lawyers and police at Tis Hazari Court complex here on Saturday afternoon, 21 police personnel and eight lawyers were injured while 14 motorcycles and 1 police gypsy were burnt and eight prison vans were vandalised.

Directions were also issued to the Delhi government and the Centre to provide best treatment to injured lawyers, including those who received gun shot injuries, preferably in AIIMS. The court also directed the Delhi government to provide lump sum ex-gratia to advocates Vijay Verma, Ranjit Malik and Pankaj Dubey, who received gun shot injuries, of Rs 50,000, 25,000 and 10,000 respectively.

During the hearing, Delhi Police told the bench that the probe has been transferred to crime branch and a special investigation team (SIT) has been formed to look into the clash. Mehra told the bench that one assistant sub inspector has been suspended and another transferred for alleged involvement in the clash. The court said the preliminary departmental enquiry by the police should also be completed within six weeks and the report submitted in the high court.

The special investigation team of the crime branch will probe the matter, Mehra said, adding that four FIRs have been lodged in connection with the incident. On Sunday, two more cases were registered under relevant sections of IPC.