*I am posting the english translation of the piece that Damodar mentioned, as somedays back there was an attempt in Green Youth to defend the Lawyers agitation and it appeared like the person who posted it does not read malayalam *
I am writing this in response to a requestto a mail from friends practicing at the Chennai Bar for an in house journal on the current spat between the legal fraternity and the police. But rather than comment on this particular incident, I thought I might as well comment on a malaise that has infected the Indian legal system across the board for some time. Rather than prove the obvious high handedness of the police, this incident throws up disturbing questions as to whether the Indian legal fratenrity has understood the Constitution at all and their role as envisaged by the Cosnstitution. Individual lawyers definitely have a right to hold any opinion, but when the opinion seeks itself to be represented as the opinion of the entire legal fraternity and takes up actionable form, it needs to be expressed within the confines of the demands of practice and ethics. Let me try to elucidate; in 1995, the Mumbai Bar raised a storm over the allegedly unjustifiably huge payment made to Justice A M Bhattacharjee by a publisher, resulting in the resignation of the said judge and judicial self-introspection regarding accountability. The debate rages on with some individual lawyers taking strng positions on the accountability of judges. The quality and integrity of a judge is a question that has a direct bearing upon the legal profession and the practice of the same. On issues such as this, or touching upon legal practice, such as co-operation of law enforcement agencies, the Bar needs to and should take up positions as a professional fraternity. But what is worrying is when legal professionals as a body try to use their professional privilege in framing opinions that fall outside their jurisdiction, very often clashing with demands of professional ethics. The most recent example being the resolution of the same Mumbai Bar deciding not to offer their legal help to the accused in the Mumbai attacks, Ajmal Kasab. The resolution goes against the very tenets on which the Indian legal system has been built - not only in the sense of denial of Kasab's right to be defended guaranteed under the Constitution, but also in the sense of extra-constitutionally appropriating a judicial function of judging Kasab. Having made these points of contrast and without justifying the police brutality that has led to the current impasse, I would read the origins of the crisis to the Bar as a professional body exceeding its role. Ageeing with the findings of the Srikrishna Commission, let me quote; There is no doubt that violence was started by the unruly mob of lawyers, some of whom were even dressed in robes and bands, but once the Polics got into action, t6here was no stopping them" and he also says; "My view, albeit prima facie, is that the soft pedalling policy followed by the Madras High Court judges has led to the present piquant sitiations. The lawyers appear to have been encouraged by the wrong signals sent out and seemed to think that they could anything and get away within the court premises. Regretfully, far from being the upholders o the Rule of Law, the lawyers seem to have behaved as hooligans and miscreants" In a farcical twist that would be humorous if not for the tragic consequences of this spat, on the 3rd of March, leaders of the Madras Bar had unequivocally declared that they would accept the report of the Srikrishna Commission. But when Justice Srikrishna came out with a report indicting the lawyers, he suddenly became personal non-grata. His effigy was burnt on the streets of Chennai and the State Level Joint Action Committee of the Advocates rejected that report and resolved to continue their agitation. Is the Legal fratenrnity claiming immunity under the archaic legal maxim that "The King Can do No Wrong", usurping the sovereignty vested under the Constitution to "We the people" - claiming to be the sole repository of "truth" and "justice" and abrogating their role as custodians of the same sovereignty. As a lawyer, I can only throw my arms in exasperation and ask whither justice, whose truth??? What is worrying is that the legal community does not seem to understand the mayhem that will be caused, if all losing litigants in law suits launch agitations against the judiciary. Of course the Bar has the right to its opinion in condemning the violence in Sri Lanka. But it has no right to insist that individual members should not have dissenting opinions or that members of the public whatever may be their position accept their opinion. That tantamounts to fascism. The Bar also has no right to insist what individual litigants might or might not want to participate in, regardless of its opinion. There are been democratic institutions instituted underr the governance scheme of the Constitution of India where such opinions could and should be voiced and advocated. Unless, of course in the glorious traditions of the freedom struggle the Bar as a body wants to express its loss of faith in the Cosntitutional system The boycott by the TN bar is akin to the absurdity of an Indian Medical or Dental Association passing a resolution that they would not treat patients unless the Indo-US Nuclear deal is not rescinded While I have scant respect for Subramanya Swamy as a politician or his opinions, there is no denying him his right to opinion or litigate. The best way to register protest against Swamy's views would and should be through constitutional mechanisms. In this regard, the Bar may have a lesson or two to learn from Tamil electorate!!!! 2009/3/12 damodar prasad <damodar.pra...@gmail.com> > Bobby's another article in Thejas ( I think it is not Tejas but tHejas. I > read it online.. No problem bcoz I am marked black long time back!!) > Follow the link > http://www.thejasnews.com/java-thejason/index.jsp#7562 > Bobby, good writing. > > > > On Wed, Mar 11, 2009 at 7:23 PM, damodar prasad > <damodar.pra...@gmail.com>wrote: > >> Hi, >> Please find attached Bobby Kunhu's Malayalam article on Gujarat laboratory >> published in Thejas daily. The article takes a up close look the conditions >> of minorities in Gujarat and also deconstructs the whole idea of Vibrant >> Gujarath. >> It seems Bobby is going to write regularly in Malayalam. >> >> d.prasad >> > > > > > -- Bobby Kunhu http://community.eldis.org/myshkin/Blog/ --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to greenyouth@googlegroups.com To unsubscribe from this group, send email to greenyouth+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
