Rajasthan: Police arrested Dalit lawyer who went to police station with client, court reprimanded

While disposing of the monitoring petition of the victim Dalit lawyer, the District Sessions Court gave instructions to the DGP and Collector Bundi to take action against the concerned police station in-charge and Tehsildar. Order to inform the court about the action taken by March 16.

Published on: 05 Feb 2024, 2:54 pm

Jaipur. In Bundi district of Rajasthan, a Dalit advocate, who had gone to the police station with his party in a case related to a land dispute, was arrested by the police on charges of breach of peace along with the party and kept in lockup overnight. Now the court has ordered to take action as per rules against the concerned police station in-charge and the Tehsildar in the case related to the Executive Magistrate and the Tehsildar imposing restrictions on the sureties and releasing them on bail without listening to the advocate’s side.

Bundi, Sessions Court Judge Dinesh Kumar Gupta termed the action taken against the advocate as arbitrary and sent a copy of the order to the Inspector General of Police (DGP) and District Collector Bundi and took action against the concerned police station in-charge and Tehsildar as per rules, 16 Orders have also been given to inform the court by March.

What happened that the court had to reprimand?

Advocate Rameshchand Azad filed a monitoring petition before the District Sessions Court Bundi through advocate Manish Gautam and said that on December 9, Advocate Rameshchand had been called by his party Banwari Lal and told that he had a case related to land dispute. Civil claim has to be filed in the court. On this, lawyer Rameshchand had gone to Akhed village of Raithal police station area to collect evidence of claim on the disputed land site and prepare a map.

Advocate Rameshchand was with the party after preparing the map of the disputed site for the civil claim. Then the party Banwari Lal was called from Raithal police station and called to the police station. On the request of the party, Advocate Rameshchand also went to Raithal police station, but the station in-charge was not at the police station. Kept sitting in the police station for an hour waiting for the police station in-charge. After this, police station in-charge Babulal Meena came and asked the party Banwari Lal, who is this with you? On this he said that he is my lawyer. Called for making civil map opportunity.

It is alleged that as soon as he said this, the station in-charge got enraged. Told the advocate, ‘What is your work in the police station? Why did you come to lead? He was made to sit on the ground in an indecent manner. Along with both the parties present in the police station regarding the land dispute, the police station in-charge left after asking the police personnel to arrest advocate Ramesh Chand on charges of breach of peace.

The police station in-charge came at 10 pm and called Advocate Ramesh Chand to his chamber, beat him and locked him in the lockup. Along with other accused, the advocate was also kept in lockup overnight. A case was registered under sections of breach of peace and a medical examination was conducted the next morning.

When the police took him to the doctor for medical examination, the advocate told the doctor about the injuries on his head and hand. After inspecting the injuries, the doctor prescribed a CT scan test, but the police personnel did not get the CT scan done.

After medical examination, the police presented the advocate arrested on charges of breach of peace before the Executive Magistrate and Tehsildar Raithal. The Tehsildar ordered the release of the accused on surety bonds of Rs 20,000 each. The advocate said that during this time he told the Tehsildar that he was a lawyer by profession. Went to the police station with his party for legal advice. It has nothing to do with the fight. The police have arbitrarily imprisoned him on false charges, but the Tehsildar did not listen to the arguments of the advocate. Even without investigating the allegations, the police ordered the advocate to be released on bail.

What did the court say in the judgment?

While hearing the monitoring petition filed on behalf of advocate Ramesh Chand Azad, District Judge Dinesh Kumar Gupta canceled the action taken against the advocate considering it wrong. It was written in the order that the collusion of the Tehsildar with the police station in-charge shows his tendency to implement arbitrary actions. 

The court said in the order that when a person is called to the police station for questioning etc., that person has the constitutional and legal right to take the services of a legal expert, and as a legal expert, he can take an advocate with him to the police station. Could. Advocate Rameshchand is also an advocate by profession. He went to the police station along with his friend. So that he could cooperate with the party and the police station in-charge in taking appropriate action, but the police station in-charge also arrested the advocate under section 107, 151. Even the Executive Magistrate and Tehsildar did not pay attention to this serious flaw.

The court said in the order that only two reasons are visible in the entire matter. First, the police station in-charge has more influence on the tehsildar. Secondly, there could also be collusion between the two, which is a matter of investigation.