Wednesday, January 5, 2011

OVERBEARING BAR BROWBEATING THE JUDICIARY

A special CBI judge, hearing a bribery case against a member of Bar Council of India, was allegedly held hostage inside his court in Patiala House, New Delhi on December 23 by a group of unruly lawyers for over an hour. Official sources said judge OP Saini was also verbally abused by some 40-50 lawyers, who had gathered in the Patiala House courts in support of the accused who was allegedly caught while taking bribe for granting affiliation to a law college in Ghaziabad. Honesty and integrity of both lawyers and judges are indispensable for the wholesomeness of the justice delivery system. The legal practice has traditionally been looked as a “noble profession” and judges considered the personification of justice and addressed as “Your Honour” or “My Lords”.
However, over the years, undesirable elements among the lawyers have come to be as an intolerable menace for administration of justice. The unruly conduct of the lawyers (i.e. officers of the court) brings the authority of the court and the administration of justice into disrespect and hence, undermines the very foundation of the judiciary by shaking the confidence of the people in the ability of the court to deliver free and fair justice.
The lawyer’s bodies have a definite role to play in dispensing unadulterated justice without fear or favour and hence, they should go all out after the unscrupulous, rowdy and overbearing mavericks who are blot on the noble profession and try to pollute the stream of justice through their coercive tactics for their own vested interests and thereby, brings whole lawyers fraternity to disrepute and public censure. The lawyer community owes an abiding duty in bringing home the immortal words of Chief Justice Coke that “Be you ever so high, the law is above you”. However, what is sauce for goose is the sauce for gander. The judges should also come out of ivory towers and be considerate enough to the real world problems of the lawyers and litigants. The increasing cases of judicial apathy and corruption are a colossal menace for the justice delivery system.

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