M A I N   N E W S

Division Bench comes to lawyer’s rescue
HC judge had ordered lawyer be taken to mental asylum
Vishal Sharma
Tribune News Service

Chandigarh, July 23
An uneasy detente has been achieved or so it seems. The Division Bench, comprising Justice M.M. Kumar and Justice Surya Kant, tonight stayed in part the operation of Justice Uma Nath Singh’s order, whereby, Tahar Singh, a lawyer, had been put into CBI custody and was further ordered to be taken to Mental Hospital, Agra.

The Division Bench order, delivered late in the night, read that Justice Uma Nath Singh’s order shall not be implemented to the extent that Tahar Singh shall now not be taken to Agra.

Also, if his custody was not required under the FIR registered by the Chandigarh Police on the complaint by his wife, then his custody be given to R.S. Cheema, senior advocate, who shall ensure that he stayed with him without visiting his house.

The Bench further directed that the SSP should be present in the court on the adjourned date and so do the CBI officers. The notice of motion has been given to Chandigarh administration for tomorrow. Earlier, Justice Uma Nath Singh had passed an order, which rattled a significant section of the Bar.

The order, full of extraordinarily harsh observations, came in the wake of the court taking suo motu notice of an FIR lodged by Tahar Singh’s wife with the Chandigarh Police wherein she had alleged relentless torture by her husband, which had sent their children into depression The Bar Association of the high court has convened an emergency meeting tomorrow at 1.00 pm to discuss the matter. A requisition was also signed by lawyers who termed Justice Uma Nath Singh’s order as an attack on the freedom and dignity of the Bar.

Also, a delegation of lawyers met the Chief Justice, Vijender Jain, tonight following which a special Division Bench was constituted, which finally granted relief to Tahar Singh.

Justice Uma Nath Singh observed that in view of the serious allegations of torture by the lawyer’s wife and children, it appeared that only a barbaric or insane person could indulge in such a violent conduct.

Even the Chandigarh Police drew an adverse remark from the judge who stated in his order that the police appeared to be playing ‘soft’ in the case and asked it to hand over the case to the CBI. The police has recorded offences under Sections 498-A and 506, IPC, following the complaint by Tahar’s wife.

Incidentally, Tahar’s wife had alleged in the complaint that Tahar had thrown her into a river and asked her to swim. Apart from this, there was routine torture and thrashings, which negatively affected her and her children’s state of mind.

The judge also reflected upon the conduct of Tahar Singh in the Bar and stated that the accused (Tahar) created nuisance and commotion wherever he went, aided and abetted by some anti-social elements, “on the strength of some vested interests, who finance him in doing so”.

Not stopping at this, the judge further directed that the SP, CBI, should immediately take the accused into custody and take him away from Chandigarh to “admit him in the mental hospital, Agra, for proper treatment.