Over the years, as many systems in this country have failed her people, including politicians and babus, the police and other intelligence agencies, the one gleaming hope has been our higher courts. Even as the lower courts went the way of political pressure mosst High Courts and certainly the Supreme Court stood by the people and for justice.
Why then, just a few days after our Speaker has to yell at our elected representatives in anger, are we surprised at what has transpired in Chennai High Court? After all, these same lawyers have prevented the court functioning for more than 8 days in the last many months, completely oblivious to the suffering of the many penniless litigants they represent, and our tax payer’s hard earned money.
Here is an eye witness retelling of the events as told to me. When Subramanyam Swami was arguing a case with a two judge bench, some lawyers, mostly those with little or no work, at the instigation of the party they see allegiance to, started pelting stones and eggs and tomatoes yelling pro LTTE statements. (Were they not aware that neither Swamy, nor the judges nor they themselves were the decision makers on any issue pertaining to the organization’s status n this country?) Swamy had to hide under the judges’ table. And the honourable judges decided to remain silent and merely adjourn court.
Could any of us have got away with such hooliganism in court? Would the judges have not had us arrested for contempt and disruption? Then why are these lawyers above the law?
Last week a reporter asked me how the moral brigade should be dealt with when they throw acid on women or rough them up. My answer was “exactly as you would treat anyone who breaks the law”. Ditto for the above.
What are the implications of the judges’ silence?
The message coming out of both the judges’ silence and the police not arresting goondas with political clout is the same. We are not safe. We can not depend on being treated as equal under the law. The individuals sitting in the chairs from where the citizen must get a guarantee of protection and justice, are not the right ones. They are not fearless, they only crave the munificence of those in power who can give them future benefits.
My question to my eye witness was, were there no lawyers who could take up the issue? Did no-one amongst the fraternity feel as outraged as we did?
Apparently political allegiance is the only thing that counts. So even if , for instance, the Bar Association or The Women Lawyers Association decide to take action, the meeting would soon disintegrate into those belonging to the DMK, Congress, AIDMK and so on. As the political parties are on principal (can one say anything is ‘on principal’ any more when mentioning politicians?) opposed to each other, even a grave incidence of the breakdown of law and order is not immediately taken cognizence of.
If lawlessness can be practiced with such impunity, be it in Chennai or Mumbai or Bhatinda, should we, the educated and so called intelligentsia, not be raising more of a hue and cry? Should civil society not be thinking and acting more? Is this not the time to come together before there is a complete collapse of all systems and the law of the jungle becomes the accepted norm?
