Revision as of 16:29, 23 February 2016

Violent incidents involving lawyers, 1988-2016; Graphic courtesy: The Times of India, February 19, 2016

Delhi

The Times of India, Feb 19 2016

Abhinav Garg

1988 case no excuse for police inaction on lawless lawyers

Observers familiar with Delhi Police's functioning and track record say the force has been wary of handling lawyers' agitations ever since a series of controversial incidents unfolded at Tis Hazari some three decades ago. Trouble began after the police handcuffed a lawyer accused of theft and produced him at a Tis Hazari court. Angry lawyers went on strike and barged into the office of then DCP North -India's first woman IPS officer Kiran Bedi. The police struck back with a massive lathicharge that left several lawyers injured. The police later justified their action saying they took recourse to resolute action to break the advocates' strike and prevent lawlessness in the court complex.

A probe headed by Justice D P Wadhwa differed. Indicting Bedi and other senior police officers of “grave irregularities“, the Wadhwa inquiry faulted the IPS officer for “indiscriminate and un justified“ use of force. Soon, heads rolled, including that of Bedi's who the government shunted out.

Eminent lawyer K K Venugopal represented the Delhi Bar Association in its fight against the police during the legal proceedings that followed. But speaking on the Patiala House outrage, the senior SC lawyer wasn't willing to buy the argument that the 1988 case should hold back the Delhi Police. This, he said, was just an “excuse“ to justify the department's failures.

“They aren't prepared to take action against an MLA indulging in violence. They can allow students and media representatives to be beaten up by lawyers? It is only an excuse that the Tis Hazari incident deterred them. If a police force is posted in a court complex its job is to ensure law and order and rule of law. Who else will you find in court if not lawyers? It is a strange defence,“ the Constitutional expert countered.

His views were shared by others. Senior advocate Dayan Krishnan, who was Special Public Prosecutor for Delhi Police in the Nirbhaya and Nitish Katara cases, too rubbished the excuse. Having briefly been the police's standing counsel in high court, Krishnan is familiar with their functioning. He too refused to accept that police are wary of acting against the errant lawyers.

“Even after the 1988 incident, the police lathicharged lawyers in 2002-03 when a group marched to Parliament. It appears in Patiala House they received instructions not to take any action against those indulging in violence. I don't think Delhi Police is scared to deal with lumpen elements but freedom to act has not been given. Problem is such elements bring a bad name to our entire profession,“ he said.