Why are policemen scared of lawyers in India?
- Markandey Katju
Why are policemen scared of lawyers in India?



RECENTLY some policemen in Delhi were said to have been physically assaulted in Tees Hazari, Karkardooma and Saket district Courts in Delhi, which instigated them to hold a demonstration of several hours before the headquarters of the Delhi Police Commissioner near the ITO building demanding protection from such assaults. Several were seen carrying posters reading 'Hum police hain, ghulam nahin' (We are policemen, not slaves). Their agitation has been supported by police organisations all over India.

Now it seems strange that policemen, who do not seem scared of any other section of society (except, perhaps, politicians) are scared of lawyers. Lawyers don't carry lathis and guns, as many policemen do, then why are the latter scared of them?
 
Even when there is a police lathi charge on lawyers, it is usually consequential to a prior assault by lawyers on policemen, with fists or by stone pelting. Policemen are not wearing bangles, so if they are assaulted upon they are likely to retaliate, but usually they are not the ones who began the incident.

The reason why policemen are scared of lawyers is that lawyers have a weapon called 'istagaasha' or criminal complaint, of which policemen are dreadfully afraid. 

A criminal case in India can be started in one of two ways (1) by filing an FIR (first information report) in a police station under section 154 Cr.P.C. or (2) by filing an istagaasha or criminal complaint before the judicial magistrate, under section 200 Cr.P.C.

Now policemen are not scared of an FIR because that is submitted to others of their own fraternity, and members of one's own fraternity tend to gang up with each other. So the matter is 'manageable'. 

But a criminal complaint before a judicial magistrate is an altogether different cup of tea. It is presented before a judge (a judicial magistrate), and lawyers and judges belong to the same legal fraternity. A magistrate's sympathy is therefore likely to be more with the lawyers who appear daily before him in court rather than with policemen.

On receiving a complaint by lawyers of a police atrocity, whether true or concocted, the magistrate will issue summons to the police accused under section 204 Cr.P.C. and begin a criminal trial, which may end up by the accused policemen being sent to jail, and/or their career damaged or ruined.
 
So the moment a summons is issued against him by a magistrate, a policemen is like a fish out of water, flopping about hither and thither. That is the real reason why policemen are scared of lawyers.

Many lawyers have imaginative minds, which also scares government servants. Let me give an example.

When I was a lawyer in Allahabad High Court (1971-91) there was a leading senior lawyer of Allahabad District Court (let us call him AB), who though having a huge practice never filed income tax returns, and never paid any income tax.

Once a young exuberant and upright Income Tax Officer was posted in Allahabad, who issued a notice to AB to appear before him.
 
When AB appeared, the ITO said "Mr AB, everyone knows you are a top lawyer in Allahabad District Court with a roaring practice. Yet you never file income tax returns and never pay any income tax", and having said so, made a best judgment assessment and levied a huge demand on AB as tax and penalty.
 
AB kept pleading that he was a poor lawyer with no practice, will be ruined by this huge demand as he had no assets, etc etc but to no avail.
-----------
-----------
A few days thereafter the ITO received a letter from a lawyer (not AB) stating that his client, a young woman, had been impregnated by the ITO under a false promise of marriage which he had not kept, and now his client has delivered his child, for which he must pay a huge amount of compensation, otherwise legal proceedings for rape etc will be commenced against him.

The ITO was bewildered and shocked, as he had never till then even had an affair with any woman, far less impregnating anyone.
 
He went from lawyer to lawyer seeking advice, and ultimately someone told him to go to AB. He did, and fell at AB's feet, apologising profusely. Consequently, a compromise was reached. The ITO recalled his order imposing tax and penalty on AB, and the legal notice too was withdrawn.

No wonder government servants in India give lawyers a wide berth !
 
 
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India.

 

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

Most shared Punjab Today articles:

 

KYUN KE HUM HAIN HINDUSTANI

Three Women of 1984

 FROM 1984 TO BARGARI - Hurt & angry, we’ve tried rage, anger. Did we miss karuna?   

REVISITING 1984 – RIOT AROUND A POLE     

KARTARPUR SAHIB: A CLARION CALL FOR PEACE IN AN AGE OF CYNICISM

If it could happen to Arun Shourie, imagine what could they do to you?

Healers & Predators – The Doctor is In, & is very corrupt

Amarinder, Badals, AAP — Every party in Punjab is now an Akali Dal

Welcome to 1947. Happy Independence Day. Would you like to step out?

In Pakistan, a donkey pays for democracy – bleeding, its nostrils ripped apart

WOOING THE PANTH: Amarinder a little less Congressy, Akali Dal a little more saffron

"Captain Amarinder Singh ji” and "Rahul”: Reading Sign Language In A Relationship

The Comrade In Punjab - Lost, Irrelevant, Asleep, Even Bored!

WATERS ROYALTY - The Loot that Rajasthan Committed

AMARINDER GOVT's LOVE FOR FARMERS, AND MY DAD's FOR HIS SCOOTER

OF SUNNY KID & HORSE SENSE: The Punjab-Punjab Ties  

TRUDEAU VISIT AND RIGHT-WING MEDIA MACHINE         

 OF NIRMAL SINGH'S EYES 

Mr. CHIEF MINISTER, PLEASE CALL OFF JANUARY 7 FUNCTION         

MR PRESIDENT, PLEASE TAKE BACK HIS GALLANTRY MEDAL       

A SAFFRON JOURNEY VIA CANADA

BAD, BAD WOMAN!

 


 

_______________________________________________________________

Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT







Comment by: Prakasg

Very nice article sir ...loved reading it...

reply


Comment

your name*

email address*

comments*
You may use these HTML tags:<p> <u> <i> <b> <strong> <del> <code> <hr> <em> <ul> <li> <ol> <span> <div> <a> <img>

verification code*
 







MOST VISITED
You may also Like

TOPIC CLOUD

TAGS CLOUD

ARCHIVE



Copyright © 2016-2017







NEWS LETTER