I am truly falling entirely short of words to describe my innermost feelings in words on seeing how most commendably the lawyers are all presenting a most united face cutting across religion, caste, community and sex as is the crying need of the hour also in demanding justice for the so many injured lawyers of Hapur numbering more than 30 who were all lathicharged as if they were lumpen elements and rioters and due to which many suffered serious injuries as a result on August 29, 2023 just outside the court premises which has shocked the entire lawyers fraternity all across the country with even Supreme Court Bar Association and so also Allahabad High Court Bar Association and so also Bar Council of Uttar Pradesh all expressing their uttermost shock, awe and disbelief! It is most horribly disappointing to see that lawyers of Hapur were most brutally lathicharged after they were returning from a peaceful demonstration demanding the withdrawal of a fake case against a woman lawyer named Priyanka Tyagi and her father after their vehicle had an accident with a vehicle of cop named Mohit and were caught totally unaware and that too right in the court premises outside chambers of lawyers and even women lawyers had to suffer injuries as a result of the ghastly and dastardly attack! But the worst was yet to come and it came when no action of any kind was taken against those who were guilty of using excessive force against the officers of the court that is lawyers which cannot be ever condoned under any circumstances and FIR was also lodged after relentless agitation by lawyers! If lawyers can be treated so shabbily then how will a common person be treated by the police is anyone’s guess! This is truly terribly and is most disappointing!
The lawyers of West UP also have been on strike displaying full solidarity in support of the lawyers of Hapur right from day one and most recently the strike has been extended by lawyers of West UP till September 15 after the meeting on September 10 with even the Chairman of Bar Council of UP Hon’ble Mr Shiv Kishor Gaur too participating in it and on September 16 a meeting will be held to decide the future strategy on this to take the fight for justice to its logical conclusion!
I am most privileged to share with my esteemed readers what one of the most eminent, brilliant and senior lawyer Hon’ble Mr Parvez Alam with decades of most distinguished experience in criminal law in Meerut Bar and who is also an advocate in Supreme Court and so also in Allahabad High Court has shared so kindly such invaluable golden information with the lawyers of Meerut in “Advocates Group” for which he truly deserves applauding and richest plaudits due to which I am able to contribute this humble piece about the most recent and most commendable resolution dated 10-9-2023 of Oudh Bar Association, High Court, Lucknow in which it is mentioned that an emergent meeting of the Executive of Oudh Bar Association was held under the Chairmanship of Sri Anand Mani Tripathi, President of the Oudh Bar Association conducted by Mr Manoj Kumar Mishra, General Secretary, Oudh Bar Association and all other members of the Executive Committee and due to paucity of space am not mentioning name of all who were all present today and have unanimously resolved as follows:-
1. The Oudh Bar Association is our association working since 1901 and has actively participated in protection of rights and liberties of the poor, oppressed and suppressed class. It’s the Oudh Bar Association which always portrays a role of a bridge between the suppressed class and the benches who deliver justice to them. In working for the oppressed and suppressed class we are also aware about our rights and the rights of the members of the legal fraternity.
2. It is the Oudh Bar Association which has taken initiative to stand for what is right and just, we also draw and interpret as to what is a fine line between what is just and reasonable. Working as a soldier of protecting rights and liberties, we cannot let any organization, institution or any machinery to oppress the soldiers in black robes throughout the country. Any movement which would affect the rights and liberties of a lawyer would also not go unseen by the Oudh Bar Association, Lucknow.
3. The Oudh Bar Association through its various resolution has highly condemned the brutal incident of “Lathi Charge” on lawyers which happened on the uneventful day of 29.08.2023. The Oudh Bar Association on the same very day in an emergent meeting condemned the action of the state machinery at Hapur vide its resolution dated 29.08.2023 and resolved that we would boycott the judicial work on 30.08.2023.
4. The Oudh Bar Association and the entire fraternity at High Court Lucknow stood in solidarity with brothers and sisters at Hapur. It was the initiation Oudh Bar Association which led all the various Bar Associations of Uttar Pradesh and other states of the country to join us in the movement, which was later joined by the parent body of lawyers here at Uttar Pradesh, the Bar Council of Uttar Pradesh.
5. The Oudh Bar Association in its resolution made a clear demand for an independent, unbiased Special Investigation Team and investigate into the happening of brutal incidents which were duly recorded and witnessed by the country at large. Further, we requested for strict and stern action against the guilty personnel of District Administration at Hapur.
6. The Bar Council of Uttar Pradesh vide its resolution on 03.09.2023 resolved that the fraternity members would abstain from the judicial work for further period of three days i.e. on dated 04.09.2023, 05,09.2023, 06.09.2023, lawyers here at Lucknow fully extended their solidarity with brother and sisters at Hapur and abstain from Judicial work and all the judicial work in the State of Uttar Pradesh was put to halt.
7. The resolution dated 03.09.2023 by the Bar Council of Uttar Pradesh specified the actions to be taken by the various members of the association, they were supposed to give a demand letter to various district authorities and on 05.09.2023 it was decided that a peaceful protest and burning of effigies of Chief Secretary Uttar Pradesh and Director General of Police would take place in a peaceful manner till 06.09.2023, a peaceful protest and total abstinence of Judicial work was taken by the Bar Council of Uttar Pradesh.
8. On 03.09.2023 the Oudh Bar Association vide its resolution demanded that the State Government initiate strict action against personnel of District Administration at Hapur and constitute SIT with inclusive of a judicial member to make the investigation independent and unbiased.
9. On 04.09.2023, the Hon’ble Chief Justice of Uttar Pradesh took suo moto cognizance of the incidents and events and to our utter surprise a request to introspect was made by the Bench to the Bar Council of Uttar Pradesh, respective Bar Association across the State. The Hon’ble High Court Allahabad asked lawyers to act in due deference to law laid down by the Supreme Court. Further were asked not to take any unpleasant steps and resume work forthwith. However, a Retired Principal Judge, Family Court was also directed to join as a member of SIT which was constituted by the State Government.
10. The lawyers and the fraternity members throughout the nation joined hands and stood by our resolution and demand letters were widely circulated throughout the nation on social media and via WhatsApp.
11. On 09.09.2023 a miscellaneous application was moved by the Bar Council of Uttar Pradesh before the specially constituted bench and the hearing was held in the chamber wherein it was held the application of Bar Council of Uttar Pradesh dated 07.09.2023containing its grievances in relation to the incident be placed before a Committee chaired by Hon’ble Mr Justice Rajan Roy, Hon’ble Mr Justice Faiz Alam Khan, Advocate General, Chairman Bar Council of Uttar Pradesh, President High Court Bar Association, Allahabad.
12. In the meanwhile, the Bar Council of Uttar Pradesh also held its meeting and all the elected members of the Bar Council of Uttar Pradesh were present before the apex body to raise their grievances and plight of the lawyers at large in the State of Uttar Pradesh. It pains to see that through various letters and post on WhatsApp and the social media networks a state of confusion and chaos is prevalent amongst the members of the Bar Council of Uttar Pradesh. The members through various posts and letters are seen clarifying their stands. The Oudh Bar Association does not appreciates the manner in which the parent body of the lawyers is functioning. The working and the pattern is based on the narration to fade the issue in hand.
13. The Oudh Bar Association always stood for what is right and just and will not shy away in saying that the stand taken by the institution and the machinery is totally ignorant with the plight and our struggle to achieve justice in the present incident.
14. It was unfortunate that the Hapur Bar Association vide its resolution dated 10.09.2023 had to write again to the various Bar Association requesting for support from them and amongst the fraternity members.
15. We have seen that the men in black robes have always stood against injustice, it was men in black robes which contributed at large to the freedom struggle and for the framing of the rule book of fundamental rights and duties i.e., our Constitution. We will also not shy away in saying that we will stand with our brothers and sisters in complete solidarity. Therefore, in the light of above said the Executive Committee and the Members of Governing Council resolves that we will abstain from work on 11.09.2023.
16. A meeting to decide further course of action is scheduled on 11.09.2023 in Oudh Bar Association at 4.30 P.M. The continuance of abstinence of work will depend upon the decision of State Government.
17. The State Government Counsels and Central Government Counsels owe a responsibility first to the members of the fraternity before becoming State or Central Government Counsels. Therefore, it is expected that all the members of the legal fraternity to refrain from working in all courts on the call of Oudh Bar Association and other Associations. All the District Bar Associations and Bar Associations at Tehsils are requested to stand in solidarity in these hours of need with our brothers and sisters at Hapur.”
Under the most able and dynamic leadership of President of Meerut Bar – Hon’ble Mr Kunwarpal Sharma and so also of General Secretary of Meerut Bar – Hon’ble Mr Vinod Chaudhary, the lawyers of West UP under the banner of Central Action Committee formed in 1981 comprising of 22 districts has decided after its meeting today at Meerut to continue with strike till September 15 and on September 16, lawyers would meet to decide the future course of action! Justice must not only be done but should also be seen to be done which we are sorely not seeing here taking place in Hapur due to which the lawyers with a very heavy heart have to extend their strike forward at the cost of own livelihood because dignity comes first and is also paramount for lawyers and everything else comes later and there can definitely be thus no compromise ever when it comes to the dignity of lawyers! It is high time and State Government of Uttar Pradesh must definitely take the strictest action against all those police personnel who are guilty of using excessive force on lawyers who are officers of the court and deserve to be treated with utmost respect and not utmost contempt as we witnessed most unfortunately in Hapur and yet no action taken against those guilty men in uniform who perpetrated such ghastly attack without any valid reason! Truly most disappointing yet I am sure that justice sooner or later will prevail here also!
Sanjeev Sirohi
