Advocate’s death: HC taken to apex court

Allahabad, May 27 Writ petition says S K Awasthi was handcuffed in court in violation of SC rules; hearing on June 2
A division Bench of the Supreme Court will hear a criminal writ petition, filed against the Allahabad High Court, the State of Uttar Pradesh and the Union of India on Tuesday in connection with the custodial death of advocate S K Awasthi, next week.
Petitioner Aeltemesh Rein, a Supreme Court advocate, said Awasthi was handcuffed when he was produced in the court of Justices B S Chauhan and Arun Tandon of the Allahabad High Court, in utter violation of the rules laid down by the Supreme Court.
Talking to The Indian Express from New Delhi, Rein said: “When he fell sick in the jail, he was taken to hospital in fetters and was chained to his bed. This is a very serious contempt of the court.”
Awasthi, a practising lawyer in the Allahabad High Court who was handed out a month’s jail term in the case, died in a hospital here on May 13.
The writ has been filed under Article 32 of the Constitution of India for the enforcement of Articles 21 read with 13 & 14, and Contempt of Courts Act, 1971, Section 302 IPC, and 109 IPC.
The Bench comprising justices C K Thakkar and L S Panta will hear the petition on June 2.
The petition seeks deterrent action under the Contempt of Courts Act against Justices B S Chauhan and Arun Tandon.
The petition also seeks action against those responsible for Awasthi’s death — the HC advocate was allegedly beaten up in jail. It says those found guilty should pay compensation to Awasthi’s family.
Vijay Pratap Singh
Posted online: Wednesday, May 28, 2008 at 12:12:57Updated: Wednesday, May 28, 2008 at 12:12:57


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