BRING THE LAWYERS TO LAW

Who will bring the lawyers to law?

The unprecedented acts of hooliganism and vandalism done by the lawyers of the Madras High court has raised the issue that as Policing the Police is becoming gradually difficult, similarly bringing lawyers to the 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. 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 action of the police. The repeated request by the Supreme Court to the lawyers to call off their strike went unheeded.

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.

The report has deplored the incident which took place on 19^th February in the court premises of Madras HC. Srikrishna has termed the action and behaviour of the advocates as ‘hooligans and miscreants’

It is shame on our judicial system. 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. 

 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.  Of course there is one advocates Act, 1971, which gives certain broader guide lines for the lawyers, but it is becoming ineffective. 

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 in order to ensure that such ailment is cured, and cured forever.