Lawstreet Journal

'Registering FIR Against Lawyers who are standing for freedom of Speech will only dampen their enthusiasm': Himachal HC [READ ORDER]

Lawstreet Journal 29 Jul 2021 4:06pm

Image courtesy: Lawstreet Journal Judiciary 'Registering FIR Against Lawyers who are standing for freedom of Speech will only dampen their enthusiasm': Himachal HC [READ ORDER]

The Himachal Pradesh High Court, while overturning a FIR filed against an advocate for allegedly shouting slogans in defiance of a court order, remarked that filing a FIR without any relevant and accurate proof against counsel, who are the saviours of freedom of speech, would only dampen their enthusiasm.

The appeal of Advocate Vipul Prabhakar, who was accused of shouting slogans against a High Court decision, was heard by Justice Anoop Chitkara's bench.

Brief Facts

On July 24, 2019, a police squad assigned to preserve law and order notified the Police Station of the commission of cognizable offences, resulting in the filing of the current FIR.

According to the information provided, on July 24, 2019 at about 2 p.m., a group of attorneys carrying placards marched from the side of the Attorney General's office to the CTO building in Shimla.

Reportedly, these lawyers were raising catch phrases against an order passed by the High Court and since the making catch phrases against the order of this Court was an offence under Sections 143(Punishment for unlawful assembly) and 188(Disobedience to order duly promulgated by public servant), IPC, as such, the investigator registered the FIR.

Court's observations

The Court noted, after reviewing the case file, that the situation involved the raising of phrases, but that the inquiry did not uncover the identity of any such counsel.

It was also noticed that the language of the chants and the order of the Court against which the Lawyers were opposing were not specified.

As a consequence,… Continue Reading...

Tagged: Himachal Pradesh High Court   FIR  
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