Very strangely in India, the Supreme Court is not treated as supreme by lawyers who are expected to consider the top court their temple. An order of the apex court order becomes law until negated by the legislature in keeping with the spirit of the Constitution. Interestingly, the Supreme Court has never passed a fleeting or vague order in known history though a very few have been debated on specific grounds of acceptability. The legislature can promulgate an ordinance to upset any court ruling only if intention is to serve the interest of the larger public and that too by not violating the basic structure of the Constitution in any manner. Several rulings against lawyers striking work have been ignored by some so-called lawyer leaders, who, believably, are law-ignorant. The Bar Council guidelines and rules too are merrily disrespected by striking lawyers, which indicate anarchy and lawlessness.
Months ago, some Odisha guy, in a drunken state was apprehended by police and roughed up for being unruly beyond limits. He turned out be a lawyer by profession, for which all hell broke loose. The community screamed hoarse that a lawyer was beaten up by the police. No lawyer clarified then that an ordinary rulebreaker was taken to task, not a lawyer who is treated as one only at the courts. For months on end, Odisha suffered until a majority law-respecting advocates persuaded the agitators to come to senses; and the issue was eventually resolved after several rounds of discussion with senior officials from the government and the judiciary.
The present Delhi police-lawyer brawl issue is plain silly. For some ordinary vehicle parking matter, lawyers and cops came to blows. Some police personnel abused the state-granted muscle power to contain the unruly lawyers, which is unlawful. The lawyers, in wild retaliation, hit a hapless police guy rather insensibly.
Years ago in 1988, the first woman IPS officer Kiran Bedi, constantly in news for tough police action wherever she landed, had got into trouble for having produced in court a handcuffed small-time lawyer accused of stealing from the women’s common room of a college. No one ever said he was first an ordinary individual caught while stealing. The lawyers instantly got down to prove solidarity by striking work. Kiran Bedi, the flamboyant, high-profile woman top cop, had the agitating lawyers bashed mercilessly. A simple judicial enquiry held Kiran guilty for violating law. Years later, the unforgiving lawyers ensured conclusive defeat of Kiran Bedi in the 2014 general elections despite a ticket from a highflying BJP.
The current Delhi lawyer-police brawl issue is causing unprecedented embarrassment to both the lawyer and the police communities. The whole world knows the police seek critical ‘lawyer help' to remain safe and unpunished by courts. The lawyers invariably look up to the police for protection during times of grave danger to life and property. But when there is a battle of egos, both go berserk. Police personnel not knowing fine lines of law are likely to falter. But lawyers’ invariable disrespect to the Supreme Court rulings is deplorable.
More tales of ‘Rule of Law' violations: Former Andhra Pradesh Chief Minister late YSR Reddy is remembered today as very corrupt. From being an ordinary doctor entrepreneur with a 70-bed hospital in 1973, he rose to be CM in 2003 and make huge political fortunes by starting countless populist programmes including free electricity for farmers, health insurance for the poor and nearly free rice for many, and more. “These schemes were all conduits for massive corruption,” US Consul General David Hopper, then based in Chennai, wrote in a confidential cable news released by WikiLeaks later. YSR had lost heavily in hospital business and similar adventures and become a pauper. But after being CM, he turned a billionaire. Fortunately for him, he never lived long enough to be in trouble with law. His son Jaggan Reddy inherited the legacy of both corruption and political acumen. In good time, he was nabbed by the CBI for his immesurable wealth allegedly by corrupt means. Jaggan spent sixteen long months in jail. In a quick response to public petitions, the Andhra Pradesh High Court had ordered a wider CBI probe into the alleged kickbacks Jaganmohan received from some 30 companies, including Emaar Properties, Ramky Infrastructure and Pennar Aluminum for sweetheart deals he wrangled for them from his father’s Government.
While Jaggan’s bail petition was being heard, the CBI counsel had argued that he can no longer masquerade as a victim of the CBI probe. High Court judge Justice Pullaiah had said in his order that Jagan Reddy had the stature and position to influence the witnesses and tamper with evidences; and hence, it would be better he be sent to judicial remand under Section 309 of CrPC.
Later in 2019, fate smiled upon young Jagan and he became CM of Andhra Pradesh. He began his stint with revenge. The huge palatial structure built by Chandrababu Naidu was raged overnight for having stood on Government land. Jagan went by the letter of law, not spirit. He could have turned it into a beautiful public property by regularising the revenue records. But he chose to satisfy soul by torturing an opponent.
Lately, the young political boss had tried in vain to change the name of a students' award instituted in memory of the legendary freedom fighter Abul Kalam Azad. Jagan renamed it after late father YSR Reddy. Jagan, meanwhile, has withdrawn his order for change of the students’ award name as there was huge protest against his egoistic plan. The Opposition virtually made mincemeat of him in the matter as legendary Abul Kalam Azad was being disrespected beyond tolerance.
It would be noteworthy to mention here how the Odisha administration under the stewardship of Naveen Patnaik is displaying zero tolerance to corruption. The Chief Minister, with a magic wand, has been winning elections since 2000 with an ascending order of popularity, a phenomenon no super expert has been able to decipher or unravel until now. Doubtlessly, the people of Odisha are crazily fond of Naveen as youngsters are about matinee idols of the day. They perceive him as a messiah who would solve all their problems and lead them to light of perpetual joy and glory. In turn, Naveen has been true to his word with regard to curing corruption. His administration has dismissed at least fifty corrupt officials and withheld pension for eleven who have retired. More are being probed to be shown the door or put behind bars. The 5T approach to good governance seems to be yielding desired results. The 5T Secretary, normally not seen in public, is making marathon runs across the State, particularly in the sectors of healthcare and ‘police promptness and behaviour'. The fifth-term Naveen administration is heading for many firsts by way of installing ‘good governance' for real with a number of pro-poor schemes that would essentially empower the poor.
This day, 161 years ago, Bipin Chandra Pal, a great son of India, was born in the erstwhile East Bengal, now Bangladesh. Incidentally, Lala Lajpat Rai, Bal Gangadhar Tilak and Bipin Chandra Pal were a triumvirate of assertive nationalists in the British-ruled India in the early 20th century, between 1906 and 1918. Bipin Pal was a writer, an orator, a social reformer and an Indian freedom movement activist. He was one of the main architects of the Swadeshi movement and had stood strongly against the partition of Bengal by the colonial British Government. India salutes Pal with great reverence!