INDIA: Lawyer fails client and then assaults a reporter for his inquiry

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal, regarding a lawyer who first failed his client and then allegedly assaulted a reporter who was inquiring into the matter. Mr Jenarul Haque, a lawyer at the Berhampore District Court, is accused of failing to discharge his full duty to his client, Mr Prabhat Das Bairagya, who has paid for his services for the past seven years. When Dainik Statesman reporter, Mr Ashim Pramanik attempted to question Mr Haque as to why he had not represented his client accordingly, Mr Haque and several of his associates reportedly pounced upon Mr Pramanik and assaulted him. This assault led to the hospitalisation of Mr Pramanik who continues to remain under medical observation due to a serious eye injury.

The reported conduct of Mr Haque is entirely inappropriate and illegal. Not only did he fail in his duty as a lawyer to Mr Bairagya, but his alleged assault on Mr Pramanik was both a crime and a completely unacceptable act by a person of such standing. The Constitution of India has provided its citizens ‘freedom of expression’ under Article 19 and therefore Mr Pramanik was within his rights to voice his concerns over the treatment of Mr Bairagya.

We therefore ask that you intervene in this matter. A full and thorough investigation must be conducted into Mr Haque’s actions. This should include both his said failure to serve his client Mr Bairagya and his alleged assault on Mr Pramanik. Such an investigation is particularly important given that Mr Bairagya and his wife, Mr Pramanik, and members of the local media all submitted complaints regarding this matter. Because of this, neither the police nor the Bar Council can ignore this matter. If he is found to have committed assault, then charges should be laid and he should be brought before a court of law. As for his representation of Mr Bairagya, the client should be reimbursed all fees paid and provided compensation for time lost. Additionally, it is important that the State as well as the Central Bar Council in India inquire into this case so that appropriate disciplinary action can be initiated against the lawyer if he is found to have committed a breach of his professional duty.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr Ashim Pramanik, reporter for Dainik Statesman, Murshidabad, West Bengal, India
Alleged perpetrators: Mr Jenarul Haque, Advocate, Berhampore District Court, Murishidabad, West Bengal, India and his associates
Place of incident: Court Campus, Berhampore District Court
Date of incident: 7 May 2005

Case Details:

Mr Ashim Pramanik, a press reporter for the Dainik Statesman (a Bengali daily newspaper) has been actively involved in raising awareness of the government inefficiencies. He has reported extensively on the matter of starvation in the district of Murshidabad and other cases of human rights violations within the district of Murshidabad, West Bengal.

Recently, Mr Pramanik became aware of a case involving a landless peasant called Mr Prabhat Das Bairagya. Mr Bairagya and his wife are from the village Amtala in Murshidabad district. Some seven years ago they employed the services of Mr Jainarul Haque, a lawyer, to represent them in a different matter. Despite having paid Mr Haque an initial fee, Mr Bairagya failed to discharge his full duty to the client. This came to the notice of Mr Pramanik, who decided to investigate the matter. He approached Mr Haque at his residence on 6 May 2005 and was told to meet him the following day at the court. Upon arriving at the court on May 7, Mr Pramanik proceeded to ask Mr Haque as to why he had failed to represent his clients properly, as alleged, despite having been paid. Angered by Mr Pramanik’s questions, Mr Haque, along with his associates, allegedly pounced on Mr Pramanik and proceeded to assault him.

As a result of this alleged assault, Mr Pramanik suffered a serious eye injury. He was admitted to the Berhampore New General Hospital for treatment and is currently still under medical observance.

Mr Pramanik lodged a complaint with the Berhampore Police Station (General Diary Entry No. 473) on 7 May 2005. He lodged a further complaint again that evening when he, along with other media people, went to the police station to enquire into the matter. Additionally, Mr Alamgir Hossain, a correspondent with the Telegraph, and other reporters lodged a First Information Report at the Berhampore Police Station on the same day (Case No. 182/05). Mr Hossain and the other reporters also submitted complaints to Mr Abu Bakkar Siddiqui, President of the District Bar Association, Murshidabad; the Superintendent of Police; the District Magistrate and others demanding immediate legal steps be taken against the perpetrator. In response to these complaints, the District Magistrate informed the reporters that he had ordered the Superintendent of Police to arrest the perpetrators. However, to date, no arrest has occurred and Mr Haque can be seen moving freely.

Meanwhile, Mr Bairagya and his wife have submitted a written complaint regarding their own situation with Mr Haque to various places such as the District Magistrate and Superintendent of Police in Murshidabad, and the Governor and Chief Minister of West Bengal. The couple also met with the District Magistrate of Murshidabad, Mr Narayan Manjunath Prasad on 9 May 2005 and explained their situation to him. Mr Prasad assured them he would intervene in this matter and that it would be forwarded to the District Bar Association for appropriate action.

SUGGESTED ACTION:

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