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Opinion

An undesired standoff

Undue assertion of authority by lawyers has led to an unsavoury situation

The unfortunate standoff between lawyers and Police in Delhi has continued for well over a week now in the wake of a slew of ugly incidents wherein several policemen were allegedly assaulted by fully robed lawyers in the Tees Hazari court on November 2. It seems the incident was triggered off by an altercation between the police and some lawyers where the lawyers alleged they were beaten up.

It is a sad chapter in the annals of the contemporary history of Delhi that the once noble profession like law has now become so tainted that almost every segment of society has started viewing it with suspicion and some degree of hate. It may also appear to be an overstatement to paint the entire legal fraternity of Delhi lawyers with the same brush but a major section of the same community has definitely earned a bad name by such unpleasant acts of violence that have been noted recently in the Tees Hazari court.

Meanwhile, a series of video footages shed enough light to confirm the highhandedness of the lawyers' brutality where they are seen dragging a policeman and mercilessly beating him. There are also very clear images, recorded, that a cop on his mobile is targeted and his helmet is angrily thrown at him in a fit of rage. Such acts do not behove those who are meant to uphold the tenets of law and society expects them to behave in a more responsible manner. Lamentably, they have proven society wrong time and again, losing confidence amongst public and more specifically, the litigants are developing a faith deficit in them. Such condemnable acts in the public domain has maligned the whole legal community in Delhi.

Delhi is generally considered notorious for road rage, impatience and intolerance. Occasionally, we hear about cases of fatal shootings on Delhi streets or even inside the residential complexes. And, in most of the cases, the reason for the violence is linked to parking. The last Saturday's incident sparking off lawyers versus cops row also began from an issue of parking as some lawyers forcibly parked their vehicles in an unauthorised place and violently reacted when told by the police to remove their vehicles. Here too, we see streaks of intolerance and undue assertion of authority by the black-robed lot leading to an unsavoury situation which is refusing to die down.

It's high time we examine what could be the possible reasons for such impulsive acts, full of arrogance on part of some lawyers leading to such menacing situations. These acts are glaringly bereft of patience, understanding and any element of restraint. Is it because of their black coat or a notion that they are an integral part of the judiciary or a misconception that they are above the law? Their body language and tenor seen in their unparliamentary outbursts while targeting the police display a clear presence of frustration.

While talking to some academics on this confrontationist attitude of lawyers, they felt that some of the lawyers practising in the lower courts (read Tees Hazari), are under tremendous pressure on account of the scarcity of work and restricted avenues of progression in career and this angst gets taken out most often on the police who become their nearest available target. It has also been stated by some quarters that rowdy elements that join law courses do so after having exhausted all options, finding this as

the only recourse and last straw. The frustration within remains and the same erupts at the slightest provocation. If this reckoning is true, then the same was amply noticed in the case under discussion, at this point of time.

On the part of the police too, there needs to be some fresh thinking as to how to address the recurring clashes with the police as such things are becoming problematic far too often. For resolution sake, the senior members of the Bar Association may hold meetings with their police counterparts at regular intervals to iron out points of disputes, including on parking slots as these seem to be the flashpoints. Being the chief administrator of Delhi administration, perhaps the LG can oversee meetings of both parties, say once in two months. This will give a close oversight and help iron out creases. As of today, things look unbridled.

If the police is always at the receiving end, then one can imagine the helplessness of the poor litigants suffering at the hands of such lawyers. All may not be uncivil and unethical, yet even a minuscule number of them bring a bad name to all.

Another disturbing trend noticed in the wake of the incident was the congregation of the agitated cops protesting against the lawyers demanding action. They almost laid a siege in front of the Police Headquarters. Worse, they carried placards displaying names of the few retired senior cops, idolising them as if they would have handled the crisis any better. Objectively, the incumbent CP of Delhi has an impeccable reputation for professional efficacy and a fair approach towards man-management skills. The present situation can only be said to have risen abruptly and rapidly slipped out of control. These are the occupational hazards of a police officer. What needs to be looked into is discreetly ascertaining the allegiance and loyalty in the force towards its leader. The chief shouldn't be caught off guard with some members of the force raising slogans in favour of their `iconic' police leaders. And it would be equally desirable on the part of those `icons' to refrain from issuing statements and instead praise the present incumbent to ensure that his morale remains intact. Other than such unsavoury happenings in Delhi, it may be noted that lawyers in many places, practically all over India and particularly in UP, are physically targeted with some fatalities too! Prayagraj, Agra and a few other districts have seen alarming developments that have taken a toll on the lawyers. Reasons for such incidents are multiple. Even senior members of the Bar Associations are zeroed in as fatal targets.

An introspection on part of lawyers seems imperative. It may also be food for thought if a separate chapter on public relations and how to maintain cordiality with public and other agencies including the police, is included in the syllabus/curriculum of the students pursuing law degrees.

Lastly, it is academically important to know if the cream of the law graduates, mostly the alumni of the National Law Colleges are more inclined towards joining the well-paid jobs in Law firms for non-litigation corporate work, instead of donning the black robes and appearing in courts. If this is any indication, then it can be safely deduced that the best are often not available to the lower courts leading to professional bitterness and cut-throat competitions and adversely vitiating the scene, leading to suffering for the justice seekers and turning the police into adversaries.

Shantanu Mukharji is a retired IPS officer, a security analyst and a former National Security Advisor to the Prime Minister of Mauritius. Views expressed are strictly personal

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