WHO WILL WATCH THE WATCH DOG?The unprecedented acts of hooliganism and vandalism done by a group of lawyers of the Madras High court in the court premises itself has raised the issue that as Policing the Police is becoming gradually difficult, similarly bringing lawyers to the ambit of law is becoming an arduous task.
The lawyers were protesting against an attempt by the police to arrest some accused in connection with a complaint lodged by Subramanyam Swami. The lawyers turned violent and started attacking the police. They set ablaze some vehicles parked in the campus. In a way the acts of violence provoked the police to resort to tough measures. Subsequently the Police also resorted to lathi charge and beat lawyers mercilessly.
The lawyers went on strike and demanded action against, what they call, the brutal actions of the police. The repeated requests by the Supreme Court to the lawyers to call off their strike went unheeded. The strike is still going on the process of law is severly hindered.
The apex court appointed one man panel to probe into this episode headed by retired SC Judge B.N.Srikrishna. The panel submitted its 22 page report to the court and was read out in the court by some senior advocates before the CJI.
The report has deplored and condemned the incident which took place on 19th February in the court premises of Madras HC. J.Srikrishna has termed the actions and behaviours of some of the advocates as ‘hooligans and miscreants’. The group of lawyers were behaving like unruly and rioting mob. It is shame on our judicial system and is an stigma on Judicial history of our country . Lawyers are the part and parcel of the entire criminal justice system and the courts cannot function without the participation of the advocates.
In recent times, a section of lawyers have formed an idea that they can take law in their hands and will go unscathed because they are under illusion that they are running the courts and the courts will not take action or allow any action to be taken against them. The report has rightly indicted the acting Chief Justice of Madras High Court because his infirm and indecisive attitude allowed the situation to go from bad to worse.
Few days ago, similar incident, though of smaller magnitude and intensity took place inside the court room at Patna High Court. The Judge Mr. D.D. Jha was force to withdraw his order of making arrest of a lawyer for his act of contempt of the court. The said advocate shouted at the highest pitch and called all his companion lawyers. They started slogans inside the court room before the Judge and the Judge could not nothing accept left the chair helplessly and withdrew his order. Only few days before this incident, a section of lawyers and lawyer’s clerk raised slogans against the Chief Justice because the Chief Justice had issued one direction which necessitated the lawyers or the lawyers clerks to verify the stamps, they are furnishing with. This order was made in view of detection of a racket which had been using fake stamps inside the court itself. In this scam, the police said that the involvement of some advocates was allegedly possible. Any way the entire stalemate could only be resolved when this order was withdrawn.Such types of infirm and indecisive attitudes of the court have emboldened the lawyers who have started taking law in their hands.
Rising cases of so called judicial activism, according to some luminaries, are the root cause of such trends. The frequent physical appearance of senior police and civil officers in the courts due to orders of courts have left an impression that the lawyers can teach any officer a lesson if their dictates are not complied with.
Lawyer’s hooliganism and acts of vandalism have also been witnessed in Allahabad HC for more than one occasion. Few months back, a group of lawyers thrashed Pandher and Surendra Kohli, the accused of Nithari massacre, in the premises of Ghaziabad court. Such incidents are common place in our country and thus are a matter of serious concerns. Such types of infirm and indecisive attitudes of the court have emboldened the lawyers who have started taking law in their hands.
Honorable Supreme Court of India has ruled in the famous case of Praveen Bhai Togadi versus State of Karnataka that ‘COURTS SHOULD NOT NORMALLY INTERFERE WITH MATTERS RELATING TO LAW AND ORDER WHICH IS PRIMARILY THE DOMAIN OF THE CONCERNED ADMINISTRATIVE AUTHORITIES. THEY ARE BY AND LARGE THE BEST TO ASSESS AND TO KNOWLEDGE. THE COURT CANNOT IN SUCH MATTERS SUBSTITUTE ITS VIEW FOR THAT OF THE COMPETENT AUTHORITY’{ AIR 2004 SC 2081;(2004)4 SCC 684}. In spite of this the trend of judicial activism in matters of enforcement of law and order continue to show upward direction. Justice Katju has several times has come down heavily against such trend and has preached the judiciary to do the real work of dispensation of justice rather than being swayed by public and media hype.
The report of Justice Shri Krishna has rightly sought the intervention of the apex court. The panel has also suggested framing of certain guide lines for the bar. In fact there is no rule whatsoever in this matter and it is the bar council which regulates the activities of the advocates in India. Bar Councils of states and Bar Council of India themselves are formed in accordance with section 3 and 4 ofAdvocates Act, 1961.Although this Act was amended in 2003, it fail to incorporate provisions therein to regulate the actions of the advocates. Thus at present these bar councils are the only bodies which gives certain broader guide lines to the lawyers, they are becoming ineffective.The bar councils sometimes succumbs to the pressures of the lawyers and thus they are finding themselves not in a position to tame the lawyers
The Parliament should, now come up to take up and tackle this dangerous trends which is spreading like a pandemic contagion in Indian Judiciary. The time has come to frame a strict, elaborate and comprehensive law is enacted in order to ensure that such ailment is cured, and cured forever.
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