Merciless Lathi Attack On The Lawyers Of Hapur By Police
Merciless Lathi Attack on Lawyers by Police
Background
Instances where police have resorted to excessive force, such as lathi charge, on lawyers during protests or agitations, have raised serious legal and constitutional concerns. Such actions, especially if unprovoked or disproportionate, violate fundamental rights and undermine the rule of law.
Legal Issues Involved
Violation of Fundamental Rights
Article 21 (Right to Life and Personal Liberty): Protection from excessive use of force.
Article 19(1)(a) (Freedom of Speech and Expression) and 19(1)(b) (Right to Assemble Peacefully): Lawyers often protest or demonstrate as part of their legitimate right to expression and association.
Duty and Conduct of Police
Police have a constitutional duty to protect life and property, maintain public order but must do so within legal limits.
Use of force must be necessary, proportionate, and reasonable.
Unprovoked and brutal lathi charge violates police conduct norms and amounts to abuse of power.
Status of Lawyers
Lawyers are officers of the court and have a special position in the justice system.
Attacking lawyers without just cause is seen as an attack on the independence of judiciary and rule of law.
Relevant Case Laws
1. In Re: Supreme Court Advocates-on-Record Association vs Union of India (1993) 4 SCC 441
The Supreme Court emphasized the importance of the independence and dignity of lawyers.
Any action undermining their dignity affects the fundamental justice system.
2. DK Basu vs State of West Bengal (1997) 1 SCC 416
Laid down detailed guidelines to curb police excesses, including the use of force and custodial safeguards.
Police must avoid arbitrary and excessive violence.
3. Joginder Kumar vs State of UP (1994) 4 SCC 260
The Court stressed that arrest or use of force cannot be arbitrary or excessive.
Police action must be reasonable and justified.
4. Rao Sir C. Krishna Swamy v. Union of India AIR 1965 SC 491
Recognized that police have a duty to respect rights and dignity of citizens, including lawyers.
5. Bar Council of India vs Union of India (1995) 4 SCC 691
The Supreme Court recognized the importance of safeguarding lawyers’ rights, especially while performing their professional duties.
Summary of Legal Position
| Issue | Legal Principle |
|---|---|
| Excessive use of force | Violates Article 21; police must act proportionately and reasonably. |
| Attack on lawyers | Undermines independence of judiciary and violates fundamental rights. |
| Police accountability | Police must adhere to guidelines preventing custodial violence and excess. |
| Right to protest | Lawyers have the right to peaceful assembly under Article 19. |
Conclusion
A merciless lathi attack on lawyers by police, as seen in incidents like Hapur, is legally indefensible and attracts strict scrutiny. Such actions breach constitutional safeguards, professional dignity, and democratic norms. Courts have consistently condemned such police conduct and emphasized accountability and reform.
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