The Allahabad High Court in the case Anil Kumar Khanna vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Others along with connected matters observed and has referred a bunch of cases which involves lawyers who is being accused of land grabbing to the Chief Justice to nominate a specific bench that will be responsible for the regular hearing of these cases.
The bench comprising of Justice Rajan Roy and Justice Narendra Kumar Johari in its order stated to streamline and expedite hearing in these matters that are primarily related to the allegations against the lawyers, which includes the falsely representing themselves as lawyers to grab or attempt to grab properties.
The court stated that some of the matters also pertain to allegations against certain lawyers for allegedly impeding the operations of the District Court in Lucknow.
The bench in its order noted that the petition moved is being treated as the petition of a civil nature but the issue involved is similar to the other writ petitions which are listed today in this Bunch and are either of a criminal nature or in the public interest.
Therefore, this court is of the opinion that the matter needs to be placed before Hon’ble the Chief Justice for nominating a Bench for hearing all these matters regularly, considering the important issues involved and also to ensure that any question of lack of jurisdiction may not arise for the reasons already stated hereinabove, as, some of the petitions are in public interest whereas others are registered as being of a civil nature or criminal.
the Allahabad High Court in November 2023, took note of many instances wherein Advocates had assisted land mafias in grabbing citizens’ property of citizens while donning their uniforms.
It has also been directed by the Court that the Bar Council of Uttar Pradesh to issue guidelines that the Advocates should avoid wearing uniforms outside the Court premises.
The court noted in December 2023, the Police Commissioner of Lucknow had assured the High Court that he had constituted a Special Cell under one Joint Commissioner of Police, (Law and Order), a very senior I.P.S. Officer to look into the complaints regarding alleged lawyers taking over the property of common persons and to take immediate action on receiving any such complaints in the future also.
Further, it has been conveyed by the Commissioner of Police to the Court that the constitution of the said cell shall be publicized in newspapers and other permissible means including media so that the public comes to know about the same and such activities are curbed at the earliest.
The court while considering the facts and circumstances of the case observed and has issued notice to the Bar Council of India.
Further, the court directed that the matters be referred to the Chief Justice (if possible, on January 17, 2024 amongst the first five cases of the day) for nominating a Bench for hearing all these matters regularly. Accordingly, the court listed the matter for further consideration on January 17, 2024.
