A complaint was filed against Advocate Niranjan Kumar, accused of attempting to rape a law intern inside his office.
A Bench of Chief Justice Sanjay Karol and Justice Partha Sarthy took suo motu cognisance on the basis of a resolution passed by the coordination committee of three bar associations of the High Court – a body of lady advocates of the Patna High Court, the High Court Bar Association, and the Lawyers’ Association.
“We direct the Registry to forthwith register the resolution/complaint presented before this Court as a Public Interest Litigation (PIL) and after processing the same, list it today itself. We are also informed that a report in relation to past conduct of the very same advocate is lying in a sealed cover in the registry. Registrar General also to place the same on record,” the Bench observed in its order.
In the case of Coordination Committee v. State, an advocate, coerced her intern for sexual favours, in the name of ‘Guru Dakshina’ on the last day of her intership and also tried to rape her in his chamber. The girl was a 21-year-old second year law student currently pursuing law from Chanakya National Law University (CNLU), Patna, joined as an intern in the office of Kumar since December 1, 2022.
On December 23, the last day of her internship, the advocate tried to molest the girl.
“Advocate asked to stay in his room tonight, then he held my hand and forcefully started taking me to his bedroom which is in the office premises. I tried a lot to release my hand but he held me tightly. I got very nervous and he started saying don’t be afraid, this is Guru Dakshina. I courageously freed my hand and said that the call is coming from my house,” the girl stated in her complaint.
A report was framed by the police and further was arrested, “A first information report (FIR) has been lodged based on the statement of the victim with the Shastri Nagar police station under sections 341, 342, 354, 354 a, 354b, and 504 of the Indian Penal Code (IPC).” Police said.
It was pointed out to the Court that there has been a past incident of similar nature in which he was involved. In view of this, the Court passed the following order for the Registry:
“…to forthwith register the resolution/complaint presented before this Court as a Public Interest Litigation (PIL) and after processing the same, list it today itself. We are also informed that a report in relation to past conduct of the very same advocate is lying in a sealed cover in the registry.”
The Court, therefore, issued a notice to the accused-lawyer.
“Let court notice be issued to the Respondent No. 6 (Niranjan Kumar). Rule is made returnable on January 19, 2023,” the Court directed.
Additional Chief Judicial Magistrate Prahalad Kumar had granted bail to Advocate Kumar on December 24.
The Bihar State Bar Council also passed a resolution suspending Kumar from practicing in any court in India with immediate effect.
The High Court on Tuesday examined an interim report submitted by the fact finding committee constituted by the Bihar State Bar Council.
“We have perused the interim report submitted by the Fact Finding Committee constituted by the Bihar State Bar Council vide communication dated 26.12.2022. The same is directed to be kept in a sealed cover to be kept by the Court master of this Court,” the Court noted.
The Vice-Chancellor of CNLU, Patna had also requested the Bar Council of India (BCI) to take stern action against the advocate, noting that if such incidents happen, then girl students doing their law courses will find themselves helpless while doing internship courses, which are mandatory as per the direction of the BCI.
The BCI had, thereafter, suspended the lawyer.
“The Council has viewed this incident and taken a serous note of it as gross professional and other misconduct unbecoming of an Advocate. Mr. Niranjan Kumar, Advocate is hereby suspended from practice with immediate effect.
It Is further resolved to call for the report of the Fact Finding Committee constituted by the Bihar State Bar Council. The Bihar State Bar Council is requested to forward the report of the Fact Finding Committee soon after its receipt.”
The case will be further heard again on January 19.
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
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