Ajay Gautam vs High Court Of Delhi And Ors

D.N. Patel, CJ

This writ petition has been preferred by the petitioner with the following prayers:

A. Issue an appropriate writ, order or direction directing Registrar General of Delhi High Court to immediately take remedial/effective steps to ensure that judicial proceedings in District courts of Delhi are not disrupted and litigants are allowed to defendant/appear in their respective cases without any fear from any one;

B. Direct Bar Council of Delhi to launch appropriate action against Advocates who are forcibly stopping litigants and/or other Advocates from appearing before Courts;

C. Direct Bar Council of Delhi to immediately suspend Office Bearers of Bar Associations who have passed resolution for abstaining from judicial work;

D. Direct Commissioner of police/State to identify the miscreants who beat up litigants/police/public after the incidents that took place on 2.11.2019 and those who stopped innocent litigants from attending to their hearings in the courts and register FIRs against them under relevant Sections of IPG or any other Act;

E. Pass any other or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice.

Petitioner in person has taken this Court to various annexures including pages nos. 32-34 and 46, which are the photographs. Petitioner in person has also pointed out page no. 9 of CM Appl. No. 62626/2020 . Petitioner in person is heavily relying upon the decision rendered by the

Hon'ble Supreme Court reported in 2003 (2) SCC page no. 45 and submitted that the parties cannot be stopped by anybody from entering into the Court premises.

At this stage, petitioner in person made a prayer that he may be provided an advocate by this court so as to place his case properly before us.

Counsel appearing for the respondent no.3 submits that the petitioner in person has filed several petitions before this Court and has argued several litigations before this Court, which are as under:

a) WP(C) No. 11649/2017

b) WP(C) No. 2865/2018

c) WP(C) No. 85/2014 (in Uttrakhand High Court)

It appears that the petitioner in person has also filed several litigations before this Court as stated hereinabove and is well conversant with the procedure of the Court; hence, we see no reason to provide him any advocate to argue the matter on his behalf.

It appears that in WP(C) No. 11652/2019, this Court has already appointed a Commission, vide order dated 3rd November, 2019, which is being headed by Hon'ble Mr. Justice S.P. Garg (retired), who is already inquiring into the matter at Tis Hazari Courts, Delhi. Hence, the petitioner can make a representation before the said Commission which is a fact finding commission and he will be heard in accordance with law, rules and regulations by the aforesaid Commission constituted by this Court, especially for Prayer (D), as pointed out hereinabove.

At this stage, petitioner in person submits that let this writ petition be treated as a representation by the aforesaid Commission. We, therefore, direct the Registry of this Court to send a copy of this writ petition along with annexures thereof to the aforesaid Commission, which shall treat this writ petition as a representation of the petitioner.

With these observations, this writ petition is disposed of.

CM No.62626/2020

In view of the disposal of the writ petition, this application also stands disposed of.