What happened in the High Court on February 19th? Were the Lawyers justified in their rebellion? Where do the police exceed the power vested in them? What is the role of the Learned Judges as sentinels of Justice? Does the media convey a true picture of an incident to the public? These are questions that linger in one's mind about this rather unwanted incident.
There was an ongoing protest, first for the cause of Sri Lankan Tamils, and then opposing the Draconian amendments sought to be introduced to the Criminal Procedure Code by the Government of India. A procession was held in New Delhi, which saw Lawyers from across the country voicing their protest against these amendments. That the Government, as usual, paid no heed to these protests and enacted the Law is an entirely different subject. The saving grace is that the law is yet to be notified, at least, in Tamil Nadu.
While the lawyers were boycotting Court proceedings, Mr.Subramanian Swamy, himself a lawyer, appeared before a Division Bench of the Madras High Court seeking to implead himself in a Writ petition filed by the Dheekshitars of the Chidambaram Temple aggrieved by the Governments move to take over the temple's administration. In the course of the bench hearing Mr.Swamy, a few advocates shouted slogans against him from outside the Court hall, and when he paid no heed to their marked protests, eggs were thrown at him. It is certainly not a matter of debate that the conduct of the advocates who hurled eggs at Mr.Swamy is deplorable. This was the genesis of the crisis.
A case was registered against these advocates by the police station inside the High Court campus. After the protest march in Delhi on the 18th of February, lawyers resumed work the next day. The advocates who were suspected of the misdemenour against Mr.Swami came forward to surrender before the police. However, much remains to be explained why the police dragged their feet in registering a case against Mr.Swami based on a complaint preferred by one of the lawyers. After all, the fundamental of criminal jurisprudence is that an FIR (First Information Report) is only a document that sets the law in motion. Subsequently, there has to be investigation into the complaint, and if sufficient material is made out, further course of action according to law has to be taken. The police, somehow, failed to do this.
This irked the lawyers who demanded to know why no case was registered against Mr.Swami even though a complaint had been preferred. And, then they told the police that the proposed surrender of the advocates would happen if the case against Mr.Swamy is regsitered. This led to a verbal duel between the advocates and the police. In the resultant confusion a few of the advocates were man-handled while they were forcibly pushed into the police van. This happened in full view of the lawyers present. Immediately they protested against the behaviour of the police.
What followed was absolute carnage. The khaki clad, lathi wielding bunch of cops, ineberiated with the immense power vested in them embarked on a spree of destruction. Anyone, irrespective of his stature and designation, was brutally attacked. Even High Court judges were not spared. The entire campus of the Madras High Court was taken over by the police for the next three hours or so. They cracked skulls, broke bones, caused blood shed, broke doors, windows, tables, desks, damaged vehicles and exposed their true side, which is otherwise tucked into the confines of the compelled discipline of khaki.
What was the need for so many policemen, in excess of 200 as reported, to be present at that particular time in the High Court campus? What information did they have to deploy so many men on an otherwise uneventful day? They are yet to explain.
By training, vocation and instinct, lawyers are known to defend a cause. Be it the cause of their clients or going back in time, the Independence movement, lawyers have been at the forefront. Remember, Mohandas Karamchand Gandhi, was a lawyer himself. And scores of other leaders who championed the cause of independence for India were lawyers of significant eminence. If at all anyone can question the action of the police it is the lawyers. This is something that the men in khaki are yet to come to terms with. And in any clash between the advocates and the police this is the undercurrent that causes such clashes.
While it is true that the advocates are in no way justified in being the aggressors, there can be no reason for the police to behave in the manner in which they did. Let us presume that the advocates had returned to work the next day without showing any protest to the police excesses, won't it be giving them a license to shed the discipline that is warranted of them as and when they feel like. One must remember that it took much goading from the Supreme Court to make the Government of Tamil Nadu to name the officers who were in charge and who gave instructions that were carried out on the fateful day.
The Justice Sri Krishna Commission's mission was only fact finding. The report says that lawyers were at fault and the police used excessive power. Even after the report was tabled before the Supreme Court, the Tamil Nadu government did not come forward to take action against the erring officers. The relentless pressure mounted by the advocates also did not shake the government. The Chief Minister was only making political statements of unwanted bravado, instead of investing his immense wisdom in resolving the issue.
Even after the High Court has directed suspension of two officers, the Government has delayed matters allowing them to prefer appeals before the Supreme Court. Would the Government extent the same courtesy to officers who are not in favour? Certainly not. There is a lot to be read between lines here. The inaction of the Government fortifies the contention that it could be party to the decisions taken by the police officers. Why is the government protecting them so much?
If the advocate community, that fights for the rights of others, is treated with such disdain, what will be the fate of the common man when facing unfettered police action? The police force has to understand that the huge power vested in them comes with an equal sense of responsibility. Until this is realised by the law enforcing agency and put into action, they will be ever viewed with suspicion. Let me place a poser for you here. Will you dare to take on a policeman whom you know is acting in excess of what is required? If your answer is yes, then, most probably, you must be a lawyer.
Trial by media is a recent trend. The media often trespasses into territory where it is expected to show restraint. The classic example on hand is the live telecast of the rescue operations during the 26/11 Mumbai terror attack. The channels could not think beyond TRP ratings. Each one wanted to bring "exclusive footings". They were so cold hearted that the families of the brave slain officers could not have a moment with the mortal remains of the dear departed and grieve in private. What more is going to be "live and exclusive"? My conscience is nauseated when I think that I was a party to this media excess, as these "exclusive" footages were watched by me, along with millions like you. Not to mention the media's disregard for national security when telecasting live pictures which helped the handlers of the terrorist inside the Taj and other places to give more precise instructions. Likewise, the lawyer-police clash never received an impartial coverage, either in the print or in the electronic media. Opinions expressed by the media depended on the political affiliation of the channel or newspaper. The day has come now where we have to heavily discount what the media reports and take only minimum congnizance of these "live and exclusive" reports.
In order to ensure that such incidents do not repeat themselves frequently, the conscience of every Indian has to rise to the occassion. The abysmally low moral standards that prevails now has to be raised. We should establish the rule of law. Every citizen has a duty to do that. We must replace the present inept and unqualified leadership that sits in the Legislative Assemblies and in the Parliament. A new freedom movement must now be launched. We should free ourselves from criminals, rougues and anti-social elements that rule us now.
India is a country with a great heritage. We have the material to produce world class leadership. We have the resources to become a super power and more. We have the values that will drive us towards this goal. What we do not have is the involvement and committment to do it. Until we collectively resolve to do it for our country and our progeny, there is no point in blaming anyone. There will be errant lawyers, violent policemen and scheming politicians waiting to make hay while the sun shines.
