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Punjab and Haryana High Court Directs Bar Council to Investigate Sexual Harassment Allegations Against Advocate Vikas Malik
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The Punjab and Haryana High Court on Thursday directed the Bar Council of Punjab and Haryana to investigate sexual harassment allegations against Advocate Vikas Malik, who temporarily stepped down as President of the High Court Bar Association (HCBA). Malik was also recently booked by Chandigarh Police under various provisions of the Bharatiya Nyaya Sanhita (BNS) for allegedly assaulting another lawyer, Advocate Ranjeet Singh, in the HCBA office.
Advocate Ranjeet Singh was allegedly assaulted by Malik when he served a notice issued by the High Court to Malik in a Public Interest Litigation (PIL) alleging misappropriation of HCBA funds. Following the incident, HCBA Vice President Jasdev Singh Brar took over as Acting President. Malik, however, clarified that he has not resigned but temporarily handed over his charge to Brar.
Malik has denied all allegations, labeling them as baseless and politically motivated. Despite this, the High Court took serious note of the allegations and controversies surrounding Malik.
During the hearing of the PIL, the division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Bahl noted the FIR related to the assault. The Court directed the Senior Superintendent of Police (SSP) of Chandigarh to supervise the investigation, suggesting that additional offenses might arise from the plain reading of the FIR.
The Court expressed that the assault on Advocate Singh amounted to interference in the administration of justice, potentially constituting criminal contempt under Section 2(c) of the Contempt of Courts Act. This section covers actions that interfere with the judicial proceedings or the administration of justice.
The Court directed the Bar Council to investigate the sexual harassment allegations against Malik, stating that the office of the Chief Justice would supply copies of the complaints. The Bar Council is authorized to issue fresh notices and pass interim orders to maintain the institution's sanctity if Malik does not cooperate. The Court also mentioned that Malik could furnish an apology to redeem his conduct.
The High Court emphasized its duty to protect the institution's prestige, noting that Malik's actions had apparently lowered it. The matter is scheduled for further hearing on July 15.
Senior Advocate GS Bal, with advocates Lovepreet Kaur and Anjali Kukar, represented the petitioners. Advocate Avinit Avasthi represented the Bar Council of Punjab and Haryana, while Advocate Swaran Singh Tiwana, a respondent, appeared in person.
Author: Anushka Taraniya
News writer