Court Takes Suo-Motu Cognizance; Orders FIR Registration and Bar Council Inquiry
In a significant move addressing the safety of legal practitioners and the integrity of court proceedings, the Delhi High Court has issued a series of directives following a suo-motu cognizance of a reported incident threatening the security of lawyers. The Full Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justices V. Kameswar Rao and Nitin Wasudeo Sambre, convened to deliberate on the matter, which has raised serious concerns about the dignity and propriety of court processes.
The court has directed the Delhi Police to register FIRs under the Bharatiya Nyaya Sanhita, 2023, based on the rival complaints received concerning the incident. The Standing Counsel for the Government of NCT of Delhi assured the court of a thorough and sincere investigation into the matter, with a report to be submitted to the court. The Deputy Commissioner of Police (North) confirmed that the process of FIR registration is underway and committed to taking all necessary steps for a comprehensive inquiry.
Recognizing the gravity of the incident, the court has also mandated the Bar Council of Delhi to investigate the conduct of the involved lawyers under Section 35 of the Advocates Act, 1961. The council is to submit a detailed report following their inquiry.
In an immediate response to security concerns, the court has instructed the Commissioner of Police, Delhi, to enhance security measures across all district courts, including the Tis Hazari Court Complex, within 24 hours, in consultation with the Principal District & Sessions Judges. Additionally, round-the-clock security has been ordered for an advocate who expressed concerns about his personal safety, with a review scheduled after 10 days.
The court's directives underscore the urgent need for safeguarding legal practitioners and maintaining the sanctity of judicial proceedings. The matter has been scheduled for further hearing on February 24, 2026, where the progress of the investigation and security measures will be reviewed.
Bottom Line:
Suo-motu cognizance taken by the Court on reported incident threatening security of lawyers and eroding dignity of Court proceedings. Directions issued for FIR registration under Bharatiya Nyaya Sanhita, 2023, thorough investigation, security measures for courts and lawyers, and inquiry by Bar Council under Section 35 of Advocates Act, 1961.
Statutory provision(s): Advocates Act, 1961, Section 35; Bharatiya Nyaya Sanhita, 2023
Court On Its Own Motion v. Government of NCT of Delhi, (Delhi)(FB) : Law Finder Doc id # 2850846
