His dignity is wounded” is a roaring cry by the lawyers’ association as former Advocate General Asok Mohanty was sent to jail after being arrested by the CBI in connection with the mega chit fund scam. The apex council of the advocates had organised protests through its affiliated units by ceasing work in courts. The lawyers’ body boasts that it is their fundamental right to protest. The lawyers know the laws well.
We often speak of the dignity owed to a person. As defined, dignity is a quality of being worthy of esteem, respect or honour associated with an important position, high office or rank. It is rather a ceremonial symbol attached to a high post.
Mr Mohanty, by true sense of the term dignity, is an important person as he was the Advocate General for over last five years till just before he was interrogated by the CBI. He was not only the chief law officer of the Government but also a conscience keeper of law. It is condemnable, therefore, when Mr Mohanty, aged above seventy, was visibly dragged by the police on the street just like an ordinary criminal. Dignity, thus, is wounded.
Besides, Mr Mohanty is a designated Senior Advocate by virtue of his ability, standing at the Bar with knowledge and experience .Hence, he deserved a better treatment by the police as perhaps the lawyers’ association intends.
The Advocates Act, 1961 stipulates that it is a function of the State Bar Council “to safeguard the rights, privileges and interests of the advocates on its roll”. Advocates are the only recognised class of persons entitled to practise law. In other words, the right to practise the profession of law is not a natural right or normal vocation recognised to be available to any other citizens. So, the lawyers’ association has every right to protect the privileges and interests of advocates. But do these privileges and interests of advocates cover the dignity of an advocate when he or she is booked under a criminal offenceIJ
The CBI, which is now investigating into the chit fund scam, had Asok Mohanty from his house for his alleged link and fraudulent property deal with Artha Tatwa (AT) Group CMD Pradeep Sethy. The ponzi firm operators have looted thousands crores of rupees from lakhs of poor depositors wooing them to pay double and triple the amounts the depositor would invest. To acquire wealth has its own attraction. The poor depositors became victims to false promises of the ponzi firms. The CBI investigates the scam with money trailing at the direction of the Supreme Court. Reportedly, the CBI alleges that Mr Mohanty had an illegal land deal, which is a part of money laundering with notorious Pradeep Sethy and, thereby, misusing his official position.
Nobody, including Mr Mohanty, is above law because this is a democratic country governed by the Rule of law. RM Mac Iver, in his book The Modern State writes the rule is violated if by reason of birth, status, wealth or special privileges any individuals or groups are exempted from legal responsibility for acts which if committed by other individuals or groups would come within the cognizance of the court. In other words, the rule established by the state must be without exemption.
This Rule of law caught former Union Telecom Minister A Raja, who was arrested and sent to jail on the ground of his alleged involvement in the 2-G spectrum allotment scam. He was a reputed advocate in Tamil Nadu. Nobody then including the advocates shed tears for him. It was rightfully so because he was no exception.
But a law enforcing agency has not been given any absolute power to use the rule of law weapon as a powerful broom to sweep away everything unhindered. The highhandedness of the police, if any, in arresting and torturing Mr Mohanty can be challenged in the courts of law. But a strike call by the lawyers’ forum gives a wrong impression about the law abiding lawyers and triggers criticism that the lawyers taking shelter under the Advocates Act to safeguard the interests of the advocates, protect the offender. lawyers too are under public scanner now.
A common man views a person who occupies a high post of power and position as his model. He desires that his model should not only be an honest person but should also possess a social vision, democratic commitment, high standard of ethics and, moreover, should be above all suspicion and keep his own dignity
let Mr Mohanty prove his cleanness in court of law as he has championed for this cause although his life so far and let the CBI function without fear, favour or pressure to scan the scam and detect the money trailing. The lakhs of victim depositors repose faith in the CBI and wait for the result.
It is unwise to regret for the rotten eggs.
(The writer is an advocate, an author and a columnist and a former national President and Secretary General, National Audit Federation under CAG. E-mail Id: gcparida@gmail.com)