‘No evidence’ of police assault on lawyers, says HC

Petition alleges that the lawyers were manhandled and were restricted from leaving the ground

Observing that there is “no evidence of any police assault”, the Bombay High Court dismissed a petition filed by an advocate seeking action against police officers for allegedly manhandling lawyers during a peaceful protest at Azad Maidan on February 2, 2024.

The lawyers had gathered at Azad Maidan in South Mumbai to protest and seek enactment of the Advocates Protection Act. The protest was also a condemnation meeting for the alleged kidnapping and murder of an advocate couple on January 27 this year.

The petition filed by advocate Nitin Satpute alleged that the lawyers in the meeting were manhandled and were restricted from leaving the ground by the police by putting up barricades. His Advocate Thekkara Vinod K Raman said that one lawyer fainted and others sustained injuries.

The plea sought action against the police who had barricaded the lawyers. It sought insertion of section 353 (A) of the Indian Penal Code (IPC) to address crimes against advocates. It also sought a declaration that sections 353 and 332 of the IPC should not be applicable to advocates and that they are protected from being charged with the offences. The provisions deal with the offence of obstructing a public servant from doing his duty by using criminal force.

Public prosecutor Hiten Venegaonkar submitted that the protest was largely peaceful and that police intervention was necessary only when some protestors attempted to breach barricades. The police had provided water coolers and filters at the protest site and the fainting incident was due to heat, not police assault.