Bar Council suspends advocate for using firearm in Delhi’s Tis Hazari court

Taking cognisance of a video from Tis Hazari court complex in Delhi where a person can be seen firing in the air, the Bar Council of India has suspended an advocate. An FIR related to the incident is yet to be registered.

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Today, the Bar Council of Delhi (BCD) suspended an advocate after he was seen using a firearm in a video within the premises of the Tis Hazari court complex in Delhi. 

The incident of firing was reported amidst a clash between certain advocates practising at the court complex. Reportedly, the incident occurred at around 1.30 p.m., behind the court building and near the advocates' chamber area. No person is reported to have been injured.

Based on a video from the incident, the BCD took suo motu cognisance and later in the day, suspended advocate Manish Sharma from the council with immediate effect. 

Videos from the incident examined by The Leaflet reveal a person shooting live rounds into the air, with certain others pelting stones and weilding sticks.

The letter issued by the council states that Sharma "among other advocates" is seen in the video "hurling abuses and firing in the air". In the said video, Sharma is clearly identifiable, the council added. 

The council also stated that the process of identifying others involved in the incident is ongoing.

"You being an advocate resorting to violence that too inside the court premises is highly deplorable and is gross misconduct (sic)," the council told Sharma.

Sharma has been asked to submit a written explanation and appear before the council on July 7, at 4 p.m., at the office of the council in Siri Fort Institutional Area, Khelgaon Marg, Delhi, "failing which ex parte action shall be initiated as deemed appropriate in accordance with law."

The letter bears the signature of Secretary, BCD Col Arun Sharma (retd). The letter also states that Sharma has been suspended by the chairperson of the BCD while using his power under Rule 42 of the Bar Council of Delhi Rules, contained in Chapter 4. 

Under Rule 42, wherever immediate action is necessary to safeguard the rights, privileges and interests of the advocates, the chairperson shall take immediate action in the matter.

Rash and negligent use of firearms in a way that is dangerous to human life is punishable under the Arms Act, 1959. 

Section 25(9) of the Arms Act provides that any person who uses a firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others can be punished with imprisonment of up to two years or with fine which may extend to rupees two lakh, or with both.

Deputy Commissioner of Police (North) S.S. Kalsi said, "We received information at the Sabzi Mandi police station about the firing at 1.35 p.m. When the police team reached the spot, it was learned that two different groups of lawyers including office-bearers had shot in the air. No one was injured. The situation is normal. Legal action is being initiated".

The Delhi police is yet to announce the registration of a first information report (FIR) in relation to the incident.