High Court Summons East Khasi Hills SP Over Advocate's Assault Case

Shillong, India Aug 1, 2026 ALN: The High Court has summoned East Khasi Hills Superintendent of Police (SP) Vivek Syiem for lawlessness related to the assault and public parading of an advocate allegedly involved in molesting an intern. This incident has raised significant concerns regarding the rule of law and the responsibilities of law enforcement in , particularly in the East Khasi Hills district.

The court has directed the police to seize the CCTV footage of the incident, which is crucial for understanding the events that transpired and for holding accountable those responsible for both the assault and the subsequent public humiliation of the advocate. The importance of this footage cannot be overstated, as it serves as a key piece of evidence in determining the actions of both the police and the non-state actors involved.

In response to the alleged molestation, the Shillong Bar Association has suspended the advocate involved. This swift action by the Bar Association reflects the legal community's stance against misconduct and highlights its commitment to maintaining professional standards. The suspension also indicates the seriousness with which the Bar Association views allegations of sexual misconduct, especially in a profession where trust and integrity are paramount.

During the hearing on the matter on Friday, Chief Justice Revati Mohite Dere and Judge W. Diengdoh expressed deep concern over the police's failure to act, which allowed non-state actors to take the law into their own hands. The judges stated, "Such lawlessness defeats the performance of the state’s duty and emboldens non-state actors to take law into their own hands, which cannot be permitted." This statement underscores the judiciary's role in safeguarding the rule of law and the importance of police intervention in preventing vigilante justice.

The court emphasized that the police are under a statutory obligation to uphold the rule of law and should have acted promptly when the incident was observed. The expectation is that law enforcement agencies will intervene in situations where the law is being violated, thereby preventing further escalation and ensuring that justice is served through lawful means.

It was noted that a representation submitted on July 29 by the High Court of Bar Association and the Shillong Bar Association led to the registration of the petition. The petitioners highlighted how the advocate was apprehended by non-state actors from his professional chamber and subsequently subjected to physical assault and paraded from his chamber at Keating Road to Sadar Police Station. This sequence of events raises significant questions about the safety of legal professionals and the responsibilities of the police to protect individuals from mob justice.

The petitioners expressed their grievances regarding the manner in which non-state actors took the law into their own hands while the state police abdicated their responsibility by not intervening or taking action against the perpetrators. This situation reflects a broader concern within society regarding the efficacy of law enforcement and the potential for public sentiment to override due process.

Advocate K. Paul, representing the petitioners, cited the Supreme Court's judgment in Tehseen S. Poonawalla v. Union of India (2018) as a precedent for the argument that such actions by non-state actors cannot be tolerated. He pointed out that the Supreme Court had provided guidelines for preventive, remedial, and punitive measures that state governments are expected to follow. Advocate Paul criticized the police for remaining passive spectators during the incident, thereby violating the directives issued by the Supreme Court. The reference to this landmark ruling emphasizes the judiciary's commitment to preventing mob violence and ensuring that law enforcement agencies fulfill their duties.

He further stated that no FIR has been registered against the non-state actors who assaulted and paraded the advocate, nor has the footage of the incident been collected. This lack of action from the police raises concerns about accountability and the potential for a culture of impunity among those who engage in vigilante actions. Additionally, he noted that the non-state actors were allowed to give interviews at Sadar Police Station after the assault, which should not have been permitted, as it could be seen as an endorsement of their actions.

The court acknowledged the validity of Advocate Paul's submissions, reiterating that the police's inaction allowed non-state actors to take the law into their own hands. The judges remarked, "If the police were present when the incident occurred, they should have intervened and taken immediate action to prevent the incident and the ensuing lawlessness." This statement reinforces the expectation that police officers must act decisively to prevent violence and uphold the law, rather than allowing individuals to take matters into their own hands.

The Advocate General assured the court that appropriate steps would be taken promptly regarding the incident. The court has scheduled the next hearing for August 3, during which the Advocate General is expected to file an affidavit detailing the actions taken in response to the assault on the advocate. This forthcoming hearing will be crucial in determining the accountability of the police and the actions taken to address the grievances raised by the petitioners.

At this juncture, Yangi B., a senior member of the Bar, urged that the Bar Council and the Shillong Bar Association should take immediate action concerning the allegations against the advocate, based on representations made by women lawyers. This call for action reflects the importance of addressing issues of sexual misconduct within the legal profession and ensuring that appropriate measures are in place to protect vulnerable individuals.

Advocate Paul confirmed that appropriate measures would be taken and that the advocate had already been suspended. This decision indicates a proactive approach to addressing the allegations and underscores the importance of accountability within the legal profession. The suspension serves as a reminder that allegations of misconduct will be taken seriously and that the legal community is committed to upholding ethical standards.

This incident has broader implications for the legal system in and raises questions about the effectiveness of law enforcement in protecting individuals from violence and ensuring that justice is served. It also highlights the need for greater awareness and sensitivity towards issues of sexual misconduct, particularly in professional settings. As the case unfolds, the actions taken by the police, the Bar Association, and the judiciary will be closely scrutinized, and the outcomes may have lasting effects on public trust in the legal system.