Police Must Intimate to Bar Council or Nearest Bar Association on Arrest of Advocate – Karnataka High Court

In a landmark judgment, the High Court of Karnataka, led by Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit, issued a significant directive that the arrest and detention of lawyers must be immediately intimated to the Karnataka State Bar Council and the nearest Bar Association. This ruling came in response to a suo moto case concerning the alleged assault on Advocate Preetham N.T. by Chikkamagaluru Police.

The Court emphasized the importance of transparency and accountability in the arrest of legal practitioners, stating, “Any authority, be it Police or other on effecting the arrest & detention of lawyers, should inform the same to the Karnataka State Bar Council and also to the nearest Bar Association, preferably to which he belongs.”

This decision was part of the judgment in WRIT PETITION NO. 26762 OF 2023 (GM-RES), initiated following a representation by the Advocates’ Association, Bengaluru. The FIR for this case includes charges under various sections of the IPC, including 506, 341, 307, 324, 326, and 504 read with 149.

In an important observation, the Court underscored the principle of judicial non-interference in police investigations. “We are not in agreement with [the request for immediate arrest and time-bound disciplinary action against accused police officers]. It hardly needs to be stated that the investigation belongs to the domain of Police,” the judgment read. This statement reaffirms the Court’s commitment to maintaining the separation of powers and ensuring due process in legal proceedings.

The judgment also led to the formation of a High-Level Committee to enhance relations between the Bar, Police, and District Administration. This committee, comprising various legal and police representatives, has been tasked with suggesting measures to prevent similar incidents in the future.

Date of Decision: 13th December 2023

High Court of Karnataka  VS State of Karnataka