Assault on Sr. Adv. Gaurav Bhatia: SC take suo motu cognizance

Assault on Sr. Adv. Gaurav Bhatia: SC take suo motu cognizance

On Thursday, the Supreme Court of India has taken suo motu cognizance of the disturbing incident that occurred at a Greater Noida Court. The incident involved the assault on Senior Advocate Gaurav Bhatia and advocate Muskan Gupta, prompting the apex court to intervene.

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Manoj Misra has underscored the judiciary's disapproval of strikes organized by bar associations, emphasizing that such actions adversely affect litigants who are essential stakeholders in the justice system. The Court highlighted that the manhandling of two members of the Supreme Court Bar Association (SCBA) warranted its intervention, as it violated established legal principles.

The assault reportedly occurred during a strike observed by lawyers at a district court in Noida, where Bhatia, a prominent Bharatiya Janata Party (BJP) leader and former Honorary Secretary of the SCBA, had his band snatched. The incident was brought to the Court's attention by Attorney General R Venkataramani and Senior Advocates Vikas Singh, KK Venugopal, and Jayant Bhushan, who stressed that lawyers must not be obstructed from entering court premises, citing a precedent set by a Constitution Bench judgment.

Responding to the matter, the Bar Council of India (BCI) informed the Court that it had taken note of the incident and issued notices to the Greater Noida and Ghaziabad Bar Associations. It further stated that prima facie, the incident amounted to gross professional misconduct, necessitating appropriate action.

During the proceedings, advocate Muskan Gupta recounted her harrowing experience, stating that she was assaulted and verbally abused during the strike. The Court, expressing deep concern over the incident, directed its Registry to initiate suo motu proceedings and issued a notice to the President of the Gautam Buddh Nagar (Noida) Bar Association, scheduling a hearing for April 1. Additionally, it instructed the District judge at Gautam Buddh Nagar to preserve CCTV footage of the incident and submit a report identifying the individuals involved.

Notably, the SCBA had condemned the assault on Bhatia and called for strict action against the perpetrators. Subsequently, the BCI also condemned the incident and initiated disciplinary proceedings against those responsible, reaffirming its commitment to maintaining the integrity and professionalism of the legal fraternity.

 

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