The Delhi High Court Bar Association (DHCBA) members called for a strike after lunch, partially stalling the work, after lawyer Deepa Arya was arrested and allegedly assaulted on Monday
High voltage drama was witnessed in a courtroom at Delhi HC on Tuesday after the Bar Association members moved the court against the arrest and subsequent assault on a 60-year-old woman lawyer.
The Delhi High Court Bar Association (DHCBA) members called for a strike after lunch, partially stalling the work, after lawyer Deepa Arya was arrested and allegedly assaulted on Monday, despite the additional public prosecutor's (APP) assurance of not taking any coercive action against her.
According to the plea filed by advocate Avadh Kaushik, Arya, who was in another advocate's, R K Saini's, house, was arrested and dragged out of the house.
A bench of justices Siddharth Mridul and Deepa Sharma then directed the SHO, Paharganj, to give adequate protection to Arya. "In view of the gravity of the alleged incident, we find it appropriate to direct the SHO, Paharganj, to give adequate protection to Deepa Arya," the court stated.
During the course of hearing, the court expressed its concern regarding the incident and also noted that an FIR has been registered against Arya under Section 354 (D) of the IPC, which pertains to stalking. "How can you (police) lodge a stalking case against a woman? It cannot be done. This cannot be countenanced. We want the officers concerned here. We are not a banana republic. We want immediate action. If we permit the police to function in this manner, then God help us," the bench stated.
The court said it was "pained and disappointed" by the conduct of the police and added that if this was the practice followed in bailable offences, "then what would happen in non-bailable offences". The DCP was also directed to keep in its custody all the relevant records pertaining to the FIR in question and the incident that took place on December 18, when the woman was dragged out of her house. The petitioner, who has about 35 years of experience as a lawyer, came to the court on a wheelchair as the concerned deputy commissioner of police, SHO, and the erring officials were called.
The matter was urgently mentioned in the court of the acting chief justice, who then referred it to a bench of justices Siddharth Mridul and Deepa Sharma for hearing. After considering the matter, the court directed Romil Baniya, DCP (south), to conduct an inquiry and file an affidavit.
Notices were issued to the Centre and the Delhi government, which were directed to file a status report, after both Anil Soni and Rahul Mehra, counsel for the Centre and Delhi government (criminal), assured that action would be taken against the officers involved. The matter has been listed for January 5.
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