A LAWYER APPROACHED THE ALLAHABAD HIGH COURT ALLEGING HARASSMENT BY POLICE AND FORCING HIM TO DISCLOSE INFORMATION REGARDING A PAST CLIENT

A lawyer named Chaman Ara moved to Allahabad High Court, alleging that Uttar Pradesh Police is compelling her to disclose details about one of her past clients on whose behalf Chaman Ara filed a petition. The lawyer Chaman Ara filed a petition seeking the protection of a girl and a boy from a different religion. However, the petition was dismissed since an FIR was registered against the boy under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020.

Ara claimed that the police are harassing her regarding the FIR and compelling her to present the girl. Failing to do so might result in coercive action against Ara. Counsel appearing for the petitioner further said that apart from filing a writ petition for the couple as an advocate, Ara has no connection with the girl or her whereabouts. Moreover, information available to Ara, the petitioner, is confidential and protected under Section 129 of the Indian Evidence Act, 1872. The Police exceeded their authority to interrogate the petitioner and forced her to give the accused and victim information.

The Senior Superintendent of Police, Prayagraj, argued that Prayagraj police is not involved in the case and is only providing logistic support.

The Bench of Justices Manoj Kumar Gupta and Deepak Verma ordered the police not to harass the petitioner with the FIR. The Court also asked the counsel for the state of UP to gather information from the Senior Superintendent of Bareilly as to whether the petitioner's phone is under surveillance and it is under surveillance, under whose order?

Author: Papiha Ghoshal