In an unprecedented incident, a senior advocate was taken into police custody at the Darbhanga District Court on the orders of the Third Additional District and Sessions Judge (ADJ-III), Suman Kumar Diwakar, sparking outrage among the local legal community.
Background and Arrest
The advocate, Ambar Imam Hashmi alias Chhote Sahab, is a well-known criminal lawyer in the district and had been accused in a 32-year-old triple murder case. According to court records, Hashmi was required to appear in court for a hearing related to the case. However, he submitted Form 317, citing his unavailability due to other commitments—a provision allowed by law.
Surprisingly, just an hour later, Hashmi appeared in the same court to represent another case. Judge Diwakar questioned how Hashmi, who claimed to be busy, was able to attend another hearing in the same courtroom. Citing this as a violation, the judge ordered his immediate arrest and notified the Senior Superintendent of Police (SSP), Darbhanga.
Scenes at the Court
Hashmi was taken into custody by police officers present at the court, and images of him being escorted out of the courtroom quickly spread, fueling widespread anger among fellow lawyers. The incident led to a dramatic atmosphere in the court premises, with members of the Darbhanga Bar Association raising slogans against the police and district administration.
Lawyers’ Protest
Senior members of the Bar Association condemned the action, stating that such treatment of an advocate had never occurred since the association’s formation in 1906. They demanded the immediate release of both detained advocates and insisted that justice be served. They accused the District Judge and ADJ-III of undermining the principles of justice and called for a conditional release of their colleagues.
Official Statements
Lawyers argued that submitting Form 317 is a legal right, and unless the court formally rejects the form, the advocate cannot be penalized for non-appearance. They criticized the judge’s decision to order Hashmi’s arrest without following due procedure.
The legal fraternity in Darbhanga has vowed to continue their protest until their detained colleagues are released. The incident has raised serious questions about judicial conduct and the rights of advocates, with many calling it an open throttling of justice in the court.
The situation remains tense as lawyers demand justice and the release of their fellow advocates, marking a rare and controversial episode in the history of Darbhanga’s legal community.
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