- (1.) Heard learned Counsel for parties and perused the reports submitted by SIT (CBI) and Special Income Tax Investigation Committee. We have also given our anxious consideration to CMA Nos. 115366 of 2010 and 120218 of 2010, and the written submissions placed on record on behalf of the Law Commission of India.
(2.) Status report as submitted by SIT (CBI) discloses the present position of investigation into 11 cases assigned to it. We are fully satisfied with the efforts put in and the progress made in the investigation. It is also mentioned that so far 96 persons have been examined who may be cited as witnesses. However, at the very out set, just in order to dispel wrong impression, if any, that the SIT may over step during the course of investigation or some innocent members of the Bar may also be implicated, a fear totally unfounded, we would like to disclose the details of First Information Reports/R Cs registered with the names of accused persons mentioned therein as under: (i) RC/DST/2010/S/0005 dated 04.11.2010 Under Section: , , , , , , , , and IPC against Sh. Parshuram Mishra, Advocate, Lucknow and others. Allegation: It was alleged by Shri Raj Kumar, Reader, Judicial Magistrate -II, Lucknow that on 05.03.2008 some advocates damaged window panes, name plate of the Presiding Officer and also damaged notice board and the cause list. On the same day, Smt. Somprabha Tripathi, the then Judicial Magistrate -II, Lucknow also reported that Shri Parshuram Mishra, Advocate, Lucknow alongwith 5 -6 other advocates went on a rampage indulging in violence and ransacking her chamber as also obstructing judicial work by slogan shouting. (ii) RC/DST/2010/S/0006 dated 04.11.2010 Under Sec. , , , , , IPC, Sec. 7 C.L.A and Sec. / Prevention of Damage to Public Property Act, 1984 against Sh. Shiv Sharan Upadhyay, Advocate and 15 -20 other advocates. Allegation: It was alleged that on 06.11.2008 at about 10 -10.15 AM Sh. Shiv Sharan Upadhyay, advocate alongwith 15 -20 other advocates threatened and assaulted Shri Dinesh Lal Verma, Liftman and snatched the keys, threatened and assaulted Sh. Anees, Chowkidar and snatched the keys from him too, in order to stop work in the multi -storeyed building of the civil court. (iii)RC/DST/2010/S/0007 dated 04.11.2010 Under Sec. , , , , and IPC against Sh. Siddharth Tripathi, advocate, civil courts, Lucknow alongwith 30 -40 lawyers. Allegation: It is alleged by the complainant Sh. Devendra Singh Rawat that on 21.08.2010, as he was coming out from the Court, Shri Siddharth Tripathi, advocate alongwith 30 -40 advocates had severely beaten him. Later on he was taken to P.S. Wazirganj where he was forced to sign a compromise. (iv)RC/DST/2010/S/0008 dated 04.11.2010 Under Sec. , , and IPC against (i) Sh. Anurag Trivedi, Advocate (ii) Sh. Mirza Tausif Baig, Advocate and 20 -25 other advocates. Allegation: It is alleged by Shri Krishna Mohan Srivastava, Advocate that on 06.09.2010 at about 1.30 PM, Sh. Anurag Trivedi, Advocate, alongwith his junior Sh. Mirza and 20 -25 other advocates abused him, snatched from him Rs. 20,000/ -, his ATM Card, Canteen Card of his sister as well as his father, mobile phone and files and also chased and assaulted him and tore off his clothes. (v)RC/DST/2010/S/0009 dated 04.11.2010 Under Sec. , , , , IPC and Sec. of Prevention of Damage to Public Property Act, 1984 against (i) Sh. Uma Shankar Srivastava, General Secretary, Central Bar Association, Lucknow Courts (ii) Sh. Jeetu Yadav, Advocate, Lucknow Courts (iii) Sh. Avinish Dixit, Advocate, Lucknow Courts and some other advocates of Lucknow Courts. Allegation: It was alleged that on 27.09.2010 and 28.09.2010, a group of advocates attempting to close the Court room and offices of the District Court Campus went on rampage and manhandling the officials and other personnel of the Court, terrorizing, insulting and harassing them and ransacking the Courts and others at large. It was further alleged that when the SP City tried to get the Court opened Sh. Uma Shankar Srivastava, General Secretary, Central Bar Association, Sh. Jeetu Yadav, Advocate, Sh. Avinish Dixit, Advocate alongwith 30 -35 advocates obstructed and raised slogans. (vi) RC/DST/2010/S/0010 dated 04.11.2010 Under Sec. , , , , , and IPC against (i) Sh. Kr. Gajraj Singh, Advocate (ii) Sh. A.H. Khan, Advocate (iii) Sh. Raneer Singh, Advocate (iv) Sh. Ravindra Kumar Yadav, Advocate (v) Sh. Ishwar Kant @ Baba (vi) Sh. Anil Singh (vii) Sh. Manoj Kumar Singh. Allegation: It was alleged that Sh. Kr. Gajraj Singh, Advocate, Sh. A.H. Khan, Advocate, Sh. Ranveer Singh, Advocate, Sh. Ravindra Kumar Yadav, Advocate, in connivance with Sh. Ishwar Kant @ Baba, Anil Singh and Manoj Kumar Singh, with intention to grab land measuring 22 Bigha, 13 Biswa and 15 Biswansi, situated in village Bhaudri, District Lucknow, committed forgery by getting sale deed of the said land executed, by impersonating late Ram Prashad Ahuja who had died much before execution of the said sale deed. (vii) RC/DST/2010/S/0011 dated 04.11.2010 Under Sec. and IPC against Sh. Akbar Hussain @ Sajju S/o Late Asgar Hussain R/o 45, South Bagh, Opp. City Mal Godown, PS Wazirganj, Lucknow and other 2 unknown persons. Allegation: It was alleged by the complainant Sh. Syed Masood Agha that on 04.10.2010 Sh. Akbar Hussain @ Sajjoo, advocate along with two others abused and assaulted him while he was sitting in the chamber his advocate Sh. Padam Kirti in the family Court compound. (viii) RC/DST/2010/S/0012 dated 04.11.2010 Under Sec. , and IPC against (I) Sh. Ashwani Srivastava, Advocate (ii) Sh. Abhishek Singh (iii) Lh. Laxmendra Singh and two other advocates. Allegation: It was alleged by the complainant Sh. Prasant Singh Gaur that on 22.9.2010 when he went to attend the Civil Court in regular Suit No. 372 of 2010 (Veena Singh and Ors. v/s. Jasveer Singh) he was intercepted by five lawyers and asked not to appear him in the matter again. It was further alleged that five lawyers including Abhishek Singh, Ashwani Srivastava and Laxmendra Singh abused him and assaulted him. (ix) RC/DST/2010/S/0013 dated 04.11.2010 Under Sec. , , & , I.P.C. Against (i) Sh. Satyendra Kumar Awasthi, Advocate (ii) Sh. Dharmendra Kumar Yadav, Advocate (iii) Sh. Anup Kumar Rawat, Advocate (iv) Sh. Asheesh Chandra, Advocate (v) D.K. Chaturvedi, Advocate and other Advocates. Allegation: It was alleged by the complainant Sh. Shiv Rajmohan Nigam, advocate that on 17.03.2008 at 12.30 hrs. Sh. Satyendra Kumar Awasthi, Advocate, Sh. Dharmendra Kumar Yadav, Advocate, Sh. Anup Kumar Rawat, Advocate, Asheesh Chandra, Advocate, D.K. Chaturvedi, advocate forcibly entered his chamber and abused/assaulted him, his wife and son, as a result they sustained injuries. (x) RC/DST/2010/S/0014 dated 04.11.2010 Under Sec. , , & IPC against Sh. Jitendra Kuril s/o Sh. Ram Chandra Kuril and 10 -12 unknown advocates. Allegation: It was alleged by the complainant Sh. J.P. Yadav, advocate that on 28.3.09 at about 2.30 pm when he went to Court for bail matter of Satya Prakash, Sh. Jitendra Kuril, advocate alongwith 10 -12 other advocates threatened him and his senior Shri Shiv Pitamber not to apply for the bail. On objecting they assaulted them badly and also snatched watch and gold chain of his senior, Shiv Pitamber. (xi) RC/DST/2010/S/0015 dated 04.11.2010 Under Sec. , , , , and IPC against Prabhakar Rai and other 4 -5 persons. Allegation: It was alleged by the complainant Sh. G.K. Singh, advocate that on 7.10.2010 at about 12 O'clock when he was going to Civil Court in connection with a case he was forcibly stopped by Sh. Prabhakar Rai, advocate and 4 -5 others and demanded a sum of Rs. 60,000/ -. On refusal, they snatched his case files and Rs. 3,800/ -and tore off his gown. He was also assaulted with knife. In the assault he sustained injuries on the middle finger of his right hand.
(3.) As regards the action taken report submitted by Special Income Tax Investigation Committee, since the nature of investigation is confidential and the process is likely to take some time, it would not be desirable in the interest of justice to refer to any information as contained therein.;