The Allahabad High Court has expressed strong disapproval over a rising trend where prosecuting agencies are targeting advocates for pursuing legal cases. In a significant development, the Court responded to shocking allegations that UP police officials tried to intimidate a 90-year-old army veteran and his legal counsel for filing a Public Interest Litigation (PIL) against land encroachment.
"This is a trend which has been recently noticed across the country about lawyers being investigated in cases which they are arguing in Court. It hits at the very existence of the judicial system and is so serious that it calls for action by way of criminal contempt to be concluded, if proved, with the harshest penalty possible," the Court remarked.
The PIL was filed by Gauri Shankar Saroj regarding alleged encroachments on Gaon Sabha land in Village Badgaon, District Jaunpur. His counsel, Advocate Vishnu Kant Tiwari, informed the Court that his client was threatened by local police officers, and the petitioner's grandson was forcibly taken by police before being released. This appeared to be an attempt to pressure the petitioner to withdraw the PIL.
“The petitioner and his grandson have categorically stated that the police extorted money and issued threats. The conduct of the officers, including those operating the 112 Police Helpline, shows a premeditated attempt to suppress judicial proceedings,” the Court stated.
Following the hearing on July 3, 2025, the Court summoned the Superintendent of Police (SP), Jaunpur. An initial internal inquiry gave a clean chit to the constables involved, citing an ongoing land dispute. However, after considering sworn statements from the petitioner and his grandson, the Court rejected the report and ordered a fresh probe.
On July 11, SP Dr. Kaustubh filed a detailed affidavit confirming police misconduct. Two constables, Pankaj Maurya and Nitesh Gaud, were suspended, and the Station House Officer of Mungra Badshahpur police station was also placed under suspension. Additionally, a departmental inquiry was initiated, and an FIR was lodged under sections of the B.N.S., SC/ST Act, and Prevention of Corruption Act.
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“Based on available evidence, the police acted illegally without any legal warrant. Departmental actions have been taken, and a strict order was issued barring interference in civil disputes without court approval,” the SP's affidavit confirmed.
However, the Court was further alarmed to learn that Advocate Tiwari’s home was raided on July 9, 2025, allegedly to pressure him regarding the case. The Court took this very seriously and ordered:
“…we restrain the police, be they of any Establishment, from contacting Mr. Vishnu Kant Tiwari, Advocate, or any member of his family over telephone, threatening or harassing them in any manner… or accosting them outside their home…”
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The Court also impleaded the Additional Chief Secretary (Home), Government of U.P., directing him and the SP to file personal affidavits by July 15, 2025.
The case is scheduled for the next hearing on July 15, 2025
Case title - Gauri Shankar Saroj vs. State Of U.P. And 5 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 1118 of 2025]