38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

Delhi HC Grants Interim Protection To Lawyer Threatened With Gun By Accused [Read Order]

By LawStreet News Network      08 November, 2019 01:11 PM      0 Comments
Delhi HC Grants Interim Protection To Lawyer Threatened With Gun By Accused [Read Order]

The Delhi High Court on October 24, 2019, in the case of Saurabh Kumar Singh v. State Of GNCT, Delhi & Ors., has granted police protectionto a lawyer who was threatened by an accused –against whom he was appearing representing his client, to not to appear.

A Single Judge Bench of Justice Brijesh Sethi hearing the petition directed for security officers to be assigned to Advocate Saurabh Kumar Singh.

"Learned counsel for the State further submits that protection required will be provided to the petitioner. Let mobile number of Beat Constable, Division Officer as well as SHO be provided to the petitioner forthwith, so that in case of exigency, petitioner can contact the concerned officials. List on 05.11.2019. In the meanwhile, Let the concerned DCP provide the PSO to the petitioner,” the order states. 

Advocate Singh was constrained to approach the Delhi High Court citing threats to his life for appearing in a criminal case filed against one, Ram Niwas.

In his petition, Advocate Singh submitted that seeing his ability his senior has entrusted a brief in the matter of Ram Niwas vs Rita Devi –a divorce petition for Rita Devi. Moreover, he was also entrusted with other cases including, a petition under section 156(3) read with section 190/200 of Code of Criminal Procedure, 1973, that was filed by Rita Devi against Ram Niwas and his associate accused, for commission of offences under section 195A,506, 509 read with section 34 of Indian Penal Code, 1860.

The plea states that to intimidate Singh, battery of criminals who gets nourished in Ram Niwas’s shelter used to follow him after his court work. Things escalated on October 1, 2019, when after attending a hearing in the matter, the petitioner and his client were openly threatened to count their days of life.

Highlighting the failure of the police to respond to complaints of criminal intimidation, the petitioner said that he was attacked at around 9 at night by Ram Nivas and four others at Teen Murthy Mandir Road. Distress calls were made by petitioner’s friend to the police, but no immediate response was forthcoming.

While in the hospital, petitioner came to learn that an FIR was registered against Ram Niwas and 4 others but with considerable dilution. Seeing no hope, the petitioner filed an application under section 156(3) of Code of Criminal Procedure, 1973. On October 11, 2019, the court concerned has called for police report.

Ten days later, two unknown persons followed the petitioner while he was on the way to the Rohini Court. After accosting him, he was threatened with a pistol to withdraw himself from the cases filed against Ram Nivas, lest his life would not be spared.

In these circumstances, the slow response of the police in addressing his complaints led the petitioner to move the Court for relief, contending that,

"... in the circumstances where a lawyer is assaulted, for holding a brief of his client, and despite clear danger to his life, the reckless behaviors pre and post-incidents shown by the Inspector is not mere  “laxity in discharge of official function” but constitutes misfeasance  and malfeasance of public office."

The matter will be taken up next on November 20, 2019.

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

afspa-centre-planning-to-pull-back-troops-from-jammu-and-kashmir
Trending News Updates
AFSPA: Centre planning to pull back troops from Jammu and Kashmir?

Central government will consider revoking the Armed Forces (Special Powers) Act in Jammu and Kashmir. Here's what Union Home Minister Amit Shah said on the matter.

27 March, 2024 06:51 PM
sc-declines-to-reconsider-judgement-holding-conspiracy-to-be-scheduled-offence-under-pmla-only-if-offence-specifically-mentioned
Trending Judiciary
SC declines to reconsider judgement holding conspiracy to be scheduled offence under PMLA only if offence specifically mentioned [Read Order]

Supreme Court declines review, confirms conspiracy must relate to a scheduled offence under PMLA, dismissing appeal on money laundering charges.

27 March, 2024 07:40 PM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email