The State Government was asked by the Allahbad High Court to form a fresh commission to enquire into the allegations of merciless beating of the Lawyers by the police in a peaceful agitation.
The Standing Counsel submitted this before the Bench of two judges: Justice Munishwar Nath Bhandari and Justice Kumar Srivastava that earlier a Commission of a retired judge was appointed to inquire the police action against the lawyers.
The Commission did not submit a report and rather recommended to close the case as according to it, things get pacified with efflux of time when the report was submitted.
We are not making observation on the recommendation of the Commission as otherwise it was nominated to submit a report and not to make in infructuous with efflux of time. It is more so in a case where the allegations are of merciless beating of the lawyers by the police in a peaceful agitation, the Court said.
The court further observed that the issue raised in the writ petition could not be closed in the manner it has been suggested but needs to be taken to a logical conclusion.
The administration and police personnel who acted mercilessly resulting in multiple fractures to many advocates apart from serious injuries needed to maintain discipline according to the Court.
Since necessary infrastructure and facilities were not provided by the State Government, the Commission could not complete inquiry as per the Court.
The Court further directed, Let necessary instructions be taken from the State Government for fresh constitution of Commission and otherwise it should not be taken adverse to the Government because good administration, either in the police or otherwise is required. It is to help the Government because blame of misdoing of some police personnel come heavily on the Government though they keep no such intention or direct the police personnel to take law in their hands. The effort of the government is always to run a clean administration and facilitate everyone.
Lastly, the Court ordered that there should be a proper inquiry followed by a report so that the Government may take proper decision in the matter thereupon.
Further hearing on the matter had been listed for 5th January, 2021 to seek instructions for fresh constitution of Commission and a report thereupon.
