Supreme Court condemns lawyers’ violence in toll assault case, orders trial in Delhi

THe sublime margaret court on wed condemned lawyers’ wild carry on, saying the legal profession, “once regarded as a noble profession”, has been “tainted and tarnished” by incidents of hooliganism, including vandalism of a toll plaza and the ransacking of a fellow advocate’s office for representing the accused.A bench of justices Vikram Nath and Sandeep Mehta made the observations while granting bail to toll plaza employees accused of assault and transferring the trial to Delhi, noting that the accused had been effectively denied legal representation due to the prevailing atmosphere.The case arises from a January 14 incident at the Gotona Bara toll plaza on the Lucknow-Sultanpur highway in Uttar Pradesh, where an altercation broke out after advocate Ratnesh Shukla allegedly refused to pay toll charges. The dispute escalated into a scuffle, following which the toll staff were accused of assaulting him.An FIR was registered the same day at Haidergarh police station under various provisions of the Bharatiya Nyaya Sanhita, and the toll employees, who were contractual staff of M/s Skylark Infra Engineering Pvt Ltd, were arrested and remanded to judicial custody.The situation escalated after members of the local bar association launched protests over the incident. According to court records, a resolution was circulated among lawyers stating that no advocate would represent the accused employees.Despite this, one lawyer filed a bail application on behalf of the accused. The court noted that this was followed by “unruly behaviour”, with members of the bar setting fire to his office furniture and targeting him for defying the collective decision.The bench, in its judgment released on Wednesday, recorded that such acts created an atmosphere of fear, effectively preventing the accused from securing legal representation in the state and compelling them to approach the Supreme Court under Article 32 seeking bail and transfer of proceedings.Describing the developments as a “very sorry state of affairs”, the court said that while a sense of fraternity among lawyers may exist, it “by no means can justify acts of violence and lawlessness”. It termed the conduct “deplorable” and said it warranted action by the Bar Council of India.On the merits of the case, the bench observed that a bare reading of the FIR did not justify prolonged incarceration of the accused. It noted that the employees were performing their duties at the toll plaza at the time of the incident, and that the altercation appeared to have arisen in the course of demanding toll payment.The court held that denial of bail for over two months amounted to an “unjustified curtailment of personal liberty under Article 21”, and directed that the petitioners be released on bail upon furnishing personal bonds.To ensure a fair trial and access to legal representation, the bench ordered that the proceedings arising out of the FIR be transferred from Barabanki to the Tis Hazari Courts in Delhi. It directed that all further stages, including remand, filing of investigation reports, and trial, be conducted there.The court also directed the Director General of Police, Uttar Pradesh, to ensure the safety and security of the accused and to escort them to a safe location upon their release.Separately, the court recorded its disapproval of the conduct of members of the Barabanki bar, specifically referring to the vandalism of the advocate’s office, and directed that a copy of its order be forwarded to the Bar Council of India for appropriate action.