SHYAMAL KUMAR SEN, C.J. - (1.) This is a public interest petition which relates to the incident which took place on 15/09/2000 when some lawyers went to the Court of District Magistrate, Etawah to request him not to dismiss the cases in default as the lawyers of the Etawah have passed resolution that they will not attend the Court by way of sympathy due to brutal killing of three lawyers of the same family practising in the District Court Etawah. The contention of the petitioners is that respondent No. 7, P. K. Pandey, Additional District Magistrate, Etawah came out from his chamber and used abusive language and threatened the lawyers to see them on the next day, i.e. 15/09/2000. On 15/09/2000 the lawyers were holding a peaceful meeting and when they came out from the meeting place i.e. civil Court compound, brick-bats were thrown over them by the employees of the Collectorate and some other persons and respondent No. 7 passed an order directing the police to take recourse to lathicharge. It is further contention of the counsel for the petitioners that hundred lawyers were seriously injured. On 16/09/2000, petitioner No. 2 Arvind Kumar Tiwari, Advocate and members of the petitioner No. 1 visited Etawah and saw the condition of the civil Court premises and talked to the office bearers of civil bar in general.
(2.) This writ petition, by way of public interest litigation, was moved on 20/09/2000 and was listed before this Bench on 21/09/2000. On that date the following order was passed :"List for orders on 25-9-2000 at the top of the list. The learned Advocate General shall appear on that day and inform the Court what instruction he has received from the Government regarding the matter in issue."
(3.) On 25/09/2000 pursuant to our directions the Advocate General appeared and submitted that with regard to the incident of murders of three advocates of the same family in Etawah, a decision has already been taken by the State Government to request the Central Government to have a C.B.I. enquiry, Sri Giridhar Nath, learned Advocate for the C.B.I. who was present in Court also submitted before us that he has received instruction on phone from the DIG, CBI, Lucknow that such a request has been sent by the State Government to the Central Government. It appears that a CBI enquiry and investigation in regard to the criminal case relating to murders of three advocates of the same family has been accepted by the State Government. Learned Advocate General has further submitted that the whole issue relating to police lathi charge on the advocates is the consequential effect arising out of the said murders and the demand of the advocates that the CBI enquiry with regard to the same also arises out of the same. However, it is further submitted by the learned Advocate General that on 13/09/2000, the District Magistrate and the Additional District Magistrate, Etawah were holding proceedings in judicial cases in their Courts when the lawyers tried to disrupt the proceedings but no untoward incident took place on that date. On the 15th instant, however, according to the Advocate General agitating advocates became violent and there was a direction by the Additional District Magistrate, Etawah, to take recourse of mild lathi charge. Subsequently, the peshkar of the Court of the Additional District Magistrate also lodged a first information report regarding the incident which took place on that date in the Court of the Additional District Magistrate and revenue office. With regard to the lathi charge by police on the 15th, it is alleged that some first information report was lodged by some of the victims who happened to be lawyers. Sri A.D. Giri has submitted that some first information report was not taken down with regard to the lathi charge. It is also submitted before us that another proceeding was initiated before the Special Judge, Dacoity Affected Area Act. Since, however, no document or record relating to the said proceedings could be produced on that day, we directed that the records of theproceedings before the Special Judge, Dacoity Affected Area Act, and the Chief Judicial Magistrate, if any pending, be produced before us. Pursuant to the said directions records have been produced before us today in sealed cover. We have perused the records and it appears to us that the police officials filed first information report against the lawyers whereas the lawyers lodged complaint with the Chief Judicial Magistrate. The Chief Judicial Magistrate in one of the complaints of the lawyers passed order directing the S.S.P. Etawah to investigate into the matter himself or any other gazetted police officer other than those who are accused and submit a report within 30 days.;