New Delhi, Oct 10 (IANS) The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) on Saturday sought the urgent intervention of Chief Justice of India (CJI) Surya Kant over the detention of advocates, including senior and young lawyers and women advocates, during a protest in the national Capital against the Chief Election Commissioner (CEC) Gyanesh Kumar.
In separate representations addressed to the CJI, the apex court Bar bodies expressed concern over the reported use of excessive force against lawyers participating in the protest and sought immediate steps to ascertain the whereabouts and safety of those detained.
In its resolution, the SCBA condemned the reported use of excessive force against and detention of advocates who were peacefully protesting in the Supreme Court area.
“The Association has been informed that many advocates have been detained,” the resolution stated.
The SCBA requested CJI Surya Kant to intervene urgently and take up the matter with the authorities concerned to ensure that the whereabouts and safety of every detained advocate are ascertained, they are provided access to legal assistance and those against whom there are no lawful grounds for detention are released immediately.
The Bar body further called for an examination of the circumstances surrounding the detentions and the reported use of force, along with appropriate action in accordance with law.
“A copy of this resolution shall be placed before the Hon’ble Chief Justice of India for urgent consideration,” the resolution signed by SCBA Honorary Secretary Pragya Baghel said.
Meanwhile, SCAORA, in an urgent letter petition, also sought the CJI’s intervention, raising concerns over the reported detention of advocates and Advocates-on-Record (AORs) in connection with the events in Delhi.
The association said it was particularly concerned about reports of the detention of senior and young advocates, including women lawyers, from outside Supreme Court premises by police officers who were allegedly not displaying their badges.
“SCAORA is deeply concerned about reports of the detention of members of the Bar, including senior and young advocates and women advocates from outside Supreme Court premises by Police officers not displaying their badges,” the letter stated.
The association also expressed concern over their safety, the circumstances of their detention and reports of excessive force being used against those participating in the protest.
Invoking Article 19 of the Constitution, SCAORA said the right to express grievances and assemble peacefully was a fundamental right, subject to reasonable restrictions imposed by law.
“Any action taken by the authorities must remain within the bounds of law and must not result in unnecessary or excessive use of force,” it said.
The SCAORA urged CJI Kant to take up the matter with the concerned authorities forthwith and ensure the immediate release of all detained advocates and AORs, unless their continued detention was supported by lawful grounds.
It also sought immediate disclosure of the whereabouts of every detained lawyer, protection of their safety and well-being, and access to legal assistance and family members.
SCAORA further requested that the authorities be directed to ensure that no excessive or disproportionate force was used against advocates and that all police action remained strictly in accordance with law.
Calling for the protection of the constitutional right to peaceful protest, the Bar body urged the CJI to ensure that any restrictions or preventive measures imposed by the authorities remained lawful, necessary and proportionate.
It also sought an appropriate examination of the circumstances leading to the detentions and the reported use of force, with accountability for any action found to be unlawful.
“The legal fraternity has a vital role in upholding the rule of law and the Constitution. Advocates and Advocates-on-Record must be able to express their grievances peacefully without fear of unlawful detention or excessive force,” the letter stated.
SCAORA also called for directions against interference in the working of lawyers, including in the provision of legal aid, and appealed for urgent steps to secure the release, safety and protection of the detained members of the Bar.
Later, SCBA President Pradeep Kumar Rai said the lawyers had been released following the intervention of CJI Surya Kant.
“We are grateful to the Hon’ble Chief Justice of India for his timely intervention and for directing the immediate release of the lawyers. His intervention is deeply appreciated,” Rai said in a post on social media platform ‘X’.
He added that he had also spoken to Deputy Commissioner of Police Sachin Sharma, who assured him that, according to the information available to him, no lawyer had been detained.
The police officer further assured that if any lawyer was in custody or detention, they would be released immediately upon the details being provided.
“We are informed that all the lawyers have now been released. However, if any lawyer is still in custody or detention, their name and details may kindly be shared with us immediately so that the matter can be taken up and their release ensured without any further delay,” Rai said.
He also urged the authorities to ensure that no such incident occurred in the future and that the dignity, safety and professional independence of members of the Bar were respected.
“Lawyers must be able to discharge their professional duties without fear or intimidation,” he added.
–IANS
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