Etah brutality: Assaulted lawyer can move court for change of probe agency, says HC

Prayagraj: Hearing a PIL relating to assault on a lawyer in Etah district, the Allahabad high court on Tuesday said that the aggrieved person may avail appropriate remedy for the change of investigating agency in the case before the appropriate court in appropriate proceedings.
The court passed this order when the counsels appearing in this case sought change of investigating agency in the matter from Uttar Pradesh Police to some other investigative agency on the ground that former cannot act in a fair and impartial manner.
Hearing the PIL, a division bench comprising Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery fixed February 2, 2021 as the next date of hearing and said that counsels for the rival parties shall address the court on the four issues.
Earlier, while going through the report of Chief Judicial Magistrate, Etah, who had submitted his probe report as per direction of the court, the division bench said that the first issue for consideration is whether a police team is having any authority to use unlawful force while arresting a person who has been assigned for taking law in hands when police tried to arrest him?
The second issue, as per court is, can the police be used as an agency to dispossess a person from possession of an immovable property or to restore possession of a property with a person on having a report with allegation of unlawful possession or unlawful dispossession of such person from such property?
The third issue is whether the administrative authorities including the police authorities are well within their rights to get a person evicted from the premises against whom a decree has been granted by a competent court, without there being any order in execution proceedings by executing court?
Lastly, as per court, whether the Advocates Act, 1961 extends any privilege to an advocate for not taking any coercive action by the police against him, if he is in prescribed robes?
It is alleged that on December 21, 2020, the police broke open the door of Rajendra Sharma’s house and dragged him outside while he was still in his advocate’s dress and then assaulted him mercilessly. The video of this incident had gone viral recently on social media.
The court passed this order on January 19 that came to light on January 20.