Background:
Incident of Brutality at the hands of Police –
An unprecedented situation has arisen in the National Capital of Delhi, wherein a petite dispute between lawyers and Police over parking took a nasty turn; all owing to the highhandedness shown by the Police Officials, within a Court premises. The unmet demand of the Police to remove a wrongly parked car was taken as an Ego issue and an individual-unarmed lawyer was dragged inside the Police Lock-up by numerous Policemen and being shot. What was witnesses was unprecedented levels of display of power and utmost highhandedness.
Blatant abuse of power and the level of brutality by the Police over the petty issue of wrong car parking included:
(a) lathi charge by Police on unarmed Lawyers, females included;
(b) chasing of individual lawyers, even inside the Chambers of Lawyers, and their being beaten up mercilessly;
(c) Damaging chambers of advocates, apart from damaging many vehicles;
(d) assault of lady lawyer (whose clothes were reportedly torn);
(e) dragging of an unarmed and unaided Advocate inside the Jail Lock-up and beating him up brutally by several Police Officers in an unlawful assembly;
(f) Disregarding the Ld. District Judges, who had gone to the lock-up to get the lawyer out from the wrongful restraints of the Police, but were not even permitted to enter;
(g) firing three rounds, not to scare, but with clear criminal intent, injuring advocates and landing them up in ICU.
Shocking, to say the least.
All the above acts of Police (purported protectors of justice) raise grave concerns for the society as a whole, as, if the lawyers (pursuers and flag-bearers of justice) are not safe within the confines of a Court Complex (providers of justice), then what safety can be thought of for the general public at large.
The said incident was captured by several CCTVs and probably, also by bystanders. Naturally, when the unarmed Lawyers were attacked by the armed Police, there were little excesses on their part also.
The said shocking incident was widely reported by the media in the right spirit; however, few parts of the media (popularly called as the Fourth Pillar of the Nation) failed to report the incident in the right context of security concern from the Police excesses and rather, published fabricated, selective and one-sided facts, falsely portraying the Police as the victims and the Lawyers as the aggressors. The same, apart from hurting the reputation of the Lawyers community, had downplayed the acts of brutality by the Police, which acts have all ingredients of turning India into a Police-State, much like Pakistan.
The entire Lawyer’s community, including the Bar Council of India and Bar Associations, condemned the criminal actions of the Police to fire at Advocates over petty non-issue of car parking.
Suo Moto Petition by the High Court:
What followed was, both, unprecedented and delightful; the Hon’ble High Court of Delhi, on 03.11.2019, a Sunday, at 1:00 PM, took up a Suo Moto Petition (bearing W.P.(C) No.11652/2019 titled Court on its Own Motion Vs. Union of India & Ors.) regarding the above said incident reported in various newspapers, which Petition was, on the very same day, after notice, taken up at 3:00 PM and after considering various submissions including the submissions that excessive force was used by the Police and that the firing was not in air or at the legs of the advocate, but point blank at his chest just below the shoulder blade, the Court inter alia, ordered for:
(a) immediate registration of FIR after recording of statement of injured Advocates, (b) providing the best medical treatment to the injured Advocates, to be ensured by the Govt. of NCT of Delhi, (c) ex-gratia lumpsum payment to the injured Advocates, to be paid by the Govt. of NCT of Delhi, (d) appointment of one man Inquiry Committee of Hon’ble J. (Retd.) Sh. S. P. Garg to hold an inquiry for the aforesaid incident, to be assisted by the Director (CBI), Director (Vigilance) and Director (IB), which inquiry is to be considered as early as possible, preferably within a period of six weeks, (e) suspension of ASI Kanta Prasad (alleged to have opened the firing upon Advocates) as well as ASI Pawan Kumar (alleged to have dragged a lawyer into the lockup room and confined him therein) and also, transfer of Sh. Harendra Kumar Singh, Addln. DCP (alleged to have ordered for firing) and Sh. Sanjay Singh, Spl. CP (alleged to have ordered for lathicharge upon Advocates), all during the pendency of the inquiry, to ensure impartial inquiry, and (f) no coercive action to be taken against the Advocates registered pursuant to the FIRs.
The same clearly shows that the Media had duly reported the incident of 02.11.2019 at Tis Hazari Court Complex, which contributed in the Suo Moto Petition and the above-mentioned directions being passed by the High Court.
Events post the Suo Moto Petition by the High Court:
One would have expected that pursuant to the order dated 03.11.2019 passed by the Hon’ble High Court of Delhi, there would have been satisfaction amongst the Lawyer’s Community and the work would have resumed as normal awaiting the inquiry report by the One Man Inquiry Committee, but, alas, one was wrong in so expecting.
What followed was even more surprising, shocking, and illogical.
The lawyers, dissatisfied, for the culprits were not arrested, became more determined, some would say aggressive, in their pursuit for justice, on their own terms and few, unaided, took matters into their own hand. The same resulted in various untoward incidents, such as unprovoked assault on Police, assault on members of public, burning of vehicles, bringing down of Police Boards, etc., which, unfortunately, were captured in video.
Even more unfortunate was that the said videos’ were widely circulated on social media. Various segments of the society, including large groups of lawyers, media houses and even, general public, condemned the said actions. A detailed letter by the Bar Council of India, saying more in its silence than its words, condemned the actions to the utmost, which was pounced on by the news spreaders.
The same created a divide amongst the lawyers, with one side comprising of lawyers wanting justice for the wrong done, peacefully, whereas, the other side comprising of lawyers wanting justice at all costs, irrespective of the means to the ends, justifying the acts of violence on the part of the noble professionals as venting out of frustration/vengeance/revenge for the acts of atrocities by the Police since ages, as if to have taken the baton to cleanse the entire Police Organisation by few solitary blows.
Situation became grave, when at one end, the Bar Council of India pleaded with the Bar Associations to stop violence (and resume work) and at other end, the Bar Associations considering such pleadings as incorrect, become more resolved, with the Police performing their own role in the saga by going on demonstrations and openly threatening the Lawyers on National Media, and the Media, seeing only one side of the story, portrayed the Police as the victims and the lawyers in a very bad light.
Situation was such that the Lawyers did not have the support of the entire lawyer community; the Police, likewise, did not have the support of the entire Police community. But, the Media was united in its focus to only target the Lawyers, irrespective of the consequences of supporting the Police.
Thus started a vicious circle: Of Lawyers feeling cheated by the Police for not arresting the Police and by the Media for not reporting fairly and truly and more specifically, for reporting the (few) incidents of (inconsequential) violence by the Lawyers rather than reporting the incident of gun shot by the Police within the Court Complex, hence, being more resolved than ever; Of Police, feeling scared that the lawyers wanted justice, both legally and extra-judicially, and thus, protested and gave further threats; and of the Media, feeding of the two groups, misreporting facts and creating sensations and prejudices by showing selective portions of videos / CCTV footages.
Roles performed by the “Responsible” Segments of the Society:
The entire events can be summed up as under:
(a) The Police committed illegal acts on 02.11.2019;
(b) The Lawyers, in retaliation, committed small acts (of morality), on subsequent dates; and
(c) The Media completely ignored (a) and spread only (b).
Due to the above, the Lawyers feel wronged by both the Police and the Media.
Considering the entire gamut of facts, the issue which, as a citizen, needs addressing is, where is the Nation progressing towards?
The three important organs of the society, the Lawyers (officers of the Court), the Police (the Executive) and the Media (the fourth pillar), are all under scanner. Only time will tell who stands up for the right and plays its part in the betterment of the society.
- The Police:
The role of the Police has always been suspect. Historically and admittedly, the Police have always commits acts of brutality, for that is the sole reason for enactment of Section 25 and 26 of the Indian Evidence Act.
Instances of use of excessive force by the Police has always been a problem which has not received any solution till date. Day in day out, it is reported by the Media that the Police have assaulted the public, be it men, women or aged.
What, however, is gravest and alarming in the present situation is the audacity with which the Police has: (i) firstly committed acts of brutality, in an unlawful assembly, within the Court Complex, with Lawyers, in an area known to be covered under CCTV Cameras, without any regard for law, by racking up the non-issue of car parking to the such a level that even the District Judges were ignored, Lawyers were chased and assaulted, vehicles were vandalised and the finale was the gun shots, a reminder to all concerned that the Police is above all and (ii) secondly, openly threatened Lawyers on National Media of further use of violence (obviously also through arms), while protesting and demanding for Police Protection Act, when, in reality and for all intends and purposes, they have always been and were in the present scenario also, the aggressors and committers of acts of unprecedented brutality.
There is and can certainly not be any justification to the illegal acts on the part of the Police.
Now, there have been way too many instances of Police Brutality, against one and all, to not to be ignored by the Government. Cumulatively, they portray a complete image of evil and the Government, having a duty towards the nation, ought to remedy the said evil.
What is the need for the hour is not for a Police Protection Act, but for enactment of a Protection from Police Excesses and Brutality Act; an act, which, notwithstanding the requirement of sanction under Section 197 of the Code of Criminal Procedure, 1973 or Section 140 of the Delhi Police Act, 1978, summarily deals with and punishes the acts of brutality on the part of the Police and gives respite to the victims. An act, which inculcates ‘fear’ of performance of duty in the letter and spirit. Time is ripe to create such an atmosphere, where the Police is ‘forced’ to act within the confines of law, rather than breaking the law at the drop of a hat with no fear of any consequences.
- The Lawyers:
The Lawyers have taken up a very important issue and like always, are determined to tackle the evil of the society with an iron hand. Barring a few hiccups, the approach of the Lawyers has been commendable.
However, the Lawyers should, rather than concentrating only on the arrest of the assaulters, rise to the occasion and take the momentum to a larger level for the betterment of the nation by ensuring eradication, albeit, gradually, legally and systematically, of the Police excesses.
Above all, they should ensure resumption of work while continuing with the peaceful movement, instead of falling into the trap of a violent failure. The Constitutional Bench of Hon’ble Supreme Court of India in Ex-Capt. Harish Uppal Vs. Union of India and Anr. reported in (2003) 2 Supreme Court Cases 45 has held that a dispute between lawyers and police can never be a reason for going on strike. It was also held that no illegal methods ought to be adopted.
Ergo, the lawyers should act peacefully and not “feed” the media with the “news”.
- The Media:
One harsh reality of India or for that matter, the entire world is that the media is biased and certainly, the media shall have its own reasons for being biased.
The role of the media in the entire episode has been most unsatisfactory, as they have completely ignored the threat Police Excesses raises and have concentrated on few solitary acts by the Lawyers.
The agenda behind the same can best be known to them, as, being part of the society and duty bound towards the Nation, it is beyond contemplation as to how and why such an incident of brutality and open firing at point blank range, within Court Complex, on a Lawyer, can be ignored by the Media, the Fourth Pillar of the Nation.
Do they not owe a duty towards the Nation to warn them that they could be the next target of omnipotent Police? Do they not owe a duty towards the Nation to inform them of the highhandedness with which the Police has conducted itself?
Such many questions arise, but, all with only one answer, the Media reports only what it perceives to be “news” rather than reporting something of actual significance.
The question the lawyers are asking is: Why is the media reporting about the acts of violence done by them, rather than reporting the acts of violence done by the Police?
One simple answer to the question is: Media is reporting, as the lawyers are giving “news” to be reported. Is it news that the Police is committing violence; no. Not, when the public is already aware of the Police excesses. Is it news for the pursuers of justice to take the law into their own hand; yes. Obviously, the same is news.
The question which ought to be asked is:
Why did the lawyers give the Media the “news”, giving them room for manipulation to divert attention from the main issue?
Why was the main issue permitted to be lost in translation?
Who is to be blamed for the Police to be in a position to take undue advantage of the same by falsely portraying themselves as the victims, despite having committed the worst form of atrocity of open firing at point blank range at a lawyer within the Court Complex?
It is true that the entire Lawyer’s community is being maligned by the Media, but what remedy is available?
The only remedy available is not to feed the media with “news” but with a target their conscience to report aspects of actual significance and to participate in the movement to eradicate the evil of Police Excesses, for, if the Lawyers within the Court Complexes are not safe, then, no one else is.
Media, whose role till now has been deplorable, ought to play its part in the society and fight the evil shoulder to shoulder.
Conclusion:
The Nation has suffered at the hands of the Police since decades and now, the situation is at its gravest.
A single incident has shown the nation a mirror and now it is for the important Sectors of the nation to introspect where they stand in the fight against injustice and police brutality.
In case India is to be protected from becoming a Police-State, it is time that the Government should take the issue seriously, as it certainly is and to act swiftly. To ensure that the same is so done, the Lawyers and the Media ought to work in tandem, hands in glove; for, if not so, all hope is lost.
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