Safiya Malik

The Allahabad High Court has taken cognizance of allegations of police excesses against practicing advocates, directing the safe custody of a Pen Drive submitted as evidence and granting time for filing affidavits by both the victims and the State. The court acknowledged the seriousness of the claims presented by the High Court Bar Association and scheduled further proceedings for February 18, 2025.

Case Background

The case arose from a petition filed by the High Court Bar Association, Allahabad, raising concerns over alleged police atrocities against practicing advocates. The petition was heard by a division bench, which also reviewed supplementary affidavits submitted by the petitioner. Along with the affidavits, a Pen Drive containing visual evidence of the alleged misconduct by police personnel was placed on record.

During the hearing, senior advocate Anil Tiwari, appearing for the petitioner, argued that the police actions amounted to serious violations of legal rights. He requested time to submit personal affidavits from the affected advocates detailing their experiences. The court granted the request and allowed two days for filing these affidavits.

On behalf of the State, the Additional Advocate General, assisted by other government advocates, submitted personal affidavits from key officials, including the Divisional Commissioner, Mela Adhikari, Police Commissioner, District Magistrate, and Deputy Commissioner of Police (Traffic), Prayagraj. The court took these affidavits on record and also granted the State two days to respond to the second supplementary affidavit submitted by the petitioner.

Court Observations

The Allahabad High Court observed that the allegations raised required serious consideration, particularly given the claims of police excesses against members of the legal fraternity. The court recorded: “The petitioner has submitted supplementary affidavits along with a Pen Drive highlighting the alleged atrocities committed by police personnel on practicing advocates.”

The court directed that the submitted Pen Drive be kept in safe custody by the Registrar General of the High Court and be produced before the court on the next hearing date. The order stated: “The Pen Drive filed by learned counsel for the petitioner today in Court shall be kept in safe custody by the Registrar General and produced before the Court on the next date fixed.”

Additionally, the court stated the need for further inquiry and directed that the case be listed as fresh on February 18, 2025, before the appropriate bench for further consideration.

Court Directives

Based on the submissions, the Allahabad High Court issued the following directives:

• The Pen Drive containing evidence of alleged police misconduct shall remain in the safe custody of the Registrar General until the next hearing.

• The petitioner is granted two days to file personal affidavits from the affected advocates.

• The State is also granted two days to submit its response to the second supplementary affidavit.

• The case is scheduled for further hearing as fresh on February 18, 2025.

The court concluded: “Considering the nature of the allegations raised, further examination of the materials submitted and responses from both sides is necessary before any decision is made.”

Case Title: High Court Bar Association, Allahabad v. State of U.P.
Case Number: Criminal Writ-Public Interest Litigation No. 3 of 2025
Bench: Justice Rajiv Gupta, Justice Mohd. Azhar Husain Idrisi

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