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A lawyer was recently inhibited to approach the Delhi High Court citing threats to his life for appearing in a criminal case. Justice Brijesh Sethi directed for security officers to be assigned to Advocate Saurabh Kumar Singh in an order passed recently the HC took the note of this and granted security.
The order dated states that:
"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 matter was taken on an urgent basis by the Delhi High Court, following a petition filed by Singh. Advocate Anurag Oja appeared for the petitioner (Singh), assisted by Advocates Kanishk Arora, Shivam Malhotra and Srishti Thukral.
In these circumstances, the slow response of the police in addressing his complaints led the petitioner to move the Court for relief, also 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."
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 from any end.
While in the hospital, petitioner came to learn that 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. The court concerned has called for police report on October 9th.
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. This led to a major scene and a threat for the advocate which required immediate protection from the police as well as the Court. The matter will be taken up next on November 20. The interim protection order passed by the Delhi High Court on October 24 was extended until then, when the matter was taken up on November 5, 2019.
Therefore, Delhi HC has granted interim protection the the petitioner in this matter as a matter of urgency.
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