Alleging excessive force against advocates detained near the Court during the October 10 march against Chief Election Commissioner Gyanesh Kumar, the Supreme Court Advocates-on-Record Association has asked for an independent, impartial and time-bound inquiry. The allegations are untested.
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New Delhi: Seeking an independent, impartial and time-bound inquiry into alleged police excesses against advocates detained near the Court during a march on October 10 against Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls, the Supreme Court Advocates-on-Record Association (SCAORA) has filed a writ petition in the Supreme Court. [Supreme Court Advocates on Record Association v. Union of India]
The petition has been filed through Advocate-on-Record Anas Tanwir; the bench and the date of listing have not been reported so far.
How It Got Here
Delhi Police detained lawyers on October 10, after which the Supreme Court Bar Association sought the Chief Justice of India’s intervention. At a special Sunday sitting on October 11, the Supreme Court directed that lawyers, journalists and other professionals should not be obstructed in performing their duties, and issued directions on public transport, internet services and movement across Delhi. Delhi Police has earlier described the detentions as preventive, and no response from it or the Union to the petition has been reported.
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The Petition’s Allegations
The petition’s account is that advocates, among them senior lawyers, women advocates and Advocates-on-Record, were detained, subjected to excessive force during the march and taken to the Yamuna Sports Complex in Surajmal Vihar. It alleges that women advocates were manhandled by women police personnel who were not displaying name tags, and that one advocate reportedly suffered a dislocated shoulder. Video footage is said to show Senior Advocate Shadan Farasat being carried by his arms and legs, with his shirt torn in the process.
The petition itself states that “maintenance of public order cannot be invoked to justify arbitrary detention, disproportionate force”, and that “Advocates occupy an indispensable position in the administration of justice”.
What SCAORA Wants
SCAORA asks for an independent, impartial and time-bound inquiry, and for directions to identify the police personnel involved and hold those responsible accountable. It also seeks preservation and production of evidence, including CCTV footage, body-camera recordings, drone footage, photographs, detention registers, deployment records and electronic communications, together with disclosure of the legal authority for collecting and using photographs and videos of protesters.
Further prayers are for directions ensuring that internet and telecom restrictions do not arbitrarily interfere with courts or access to justice, and for protection against retaliation, harassment or coercive action against advocates for peaceful protest.
Allegations Untested
The allegations are those of the petitioner and have not been tested; the Court has not yet taken up the petition. This report expresses no view on the merits.
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Case Details: Supreme Court Advocates on Record Association v. Union of India (writ petition, Supreme Court of India; case number awaited).
Appearances: Advocate-on-Record Anas Tanwir for the petitioner.