Police and Lawyers' Ruckus Must Be Resolved Before It Is Too Late

 There is an ongoing confrontation between advocates and the police in Delhi, and similar incidents are witnessed in different parts of the country from time to time. The ultimate sufferer in all such situations is the general public.

Go anywhere and ask people about their experience with the police or advocates, and more often than not, you will hear complaints against them. An ordinary person generally avoids visiting a police station or a court unless circumstances leave him with no other option. Hospitals, unfortunately, also fall into a similar category. These are institutions that every citizen may need at some point in life, but nobody wishes to visit them because of the harassment, inconvenience and uncertainty often associated with them.

There is a long-standing perception that the police, instead of protecting ordinary citizens, sometimes become a source of harassment for them. An observation attributed to a former judge of the Allahabad High Court compared the police to goondas in uniform. It is often alleged that police personnel fail to prevent crimes, sometimes support influential criminals, and even implicate innocent people in false cases for the sake of illegal gratification. There are numerous instances where investigations have been mishandled, genuine complaints have not been acted upon, and criminal cases have suffered because of police negligence or misconduct.

However, this does not mean that advocates can cover themselves with glory. There are certainly instances of lawyers behaving in an unacceptable manner, taking the law into their own hands and indulging in activities that are unbecoming of members of the legal profession. The only difference is that the scope and area of an advocate's authority are limited. An advocate can be questioned by a client, reprimanded by a court and subjected to disciplinary proceedings by the Bar Council. The police, on the other hand, exercise considerable power over ordinary citizens, and the misuse of that power can have far-reaching consequences. This makes accountability within the police force particularly important.

The Present Confrontation in Delhi

The immediate dispute originated from a relatively minor incident involving a motorcycle and parking outside a salon in East Delhi. The altercation eventually escalated into a physical confrontation in which advocate Lalit Bansal reportedly sustained a serious head injury. Following the incident, advocates approached the Shahdara police station demanding appropriate action against those allegedly responsible for the assault. The police, on the other hand, registered an FIR against certain advocates, accusing them of misbehaving with police officers, threatening the SHO and obstructing public servants in the discharge of their official duties.

The matter soon escalated, and the Coordination Committee of All District Courts Bar Associations of Delhi called for an indefinite strike by advocates, demanding strict action against the police officers concerned. On November 2, Delhi witnessed an unusual development when a large number of police personnel gathered outside the Police Headquarters to protest against the transfer of their colleagues. The protest reflected resentment within the police force over the action taken against the two officers. The development raises an important question: if the police themselves resort to demonstrations against decisions taken by their senior authorities, what message does it send to the public about discipline within the force? A police force is expected to maintain law and order, and its personnel are required to follow the established chain of command. Their grievances may be genuine and deserve to be heard, but they must be addressed through appropriate institutional channels.

The Larger Issue

The present confrontation should not be treated as a battle between two professional communities. Neither the police nor the advocates can claim to be above the law.

If an advocate assaults a police officer, appropriate legal action must follow. Similarly, if a police officer assaults, threatens or falsely implicates an advocate, the officer must face the consequences. The uniform cannot become a licence to misuse authority, just as the black coat cannot become a licence to intimidate or obstruct public servants.

Both professions are essential to the administration of justice. The police are responsible for maintaining law and order, preventing crime and conducting investigations, while advocates play an important role in protecting the rights of citizens and assisting the courts in the administration of justice. Their responsibilities may be different, but their ultimate objective must remain the same: upholding the rule of law.

The Need for an Immediate Resolution

This is the time when the government, senior police authorities, representatives of the Bar Council and office-bearers of the various Bar Associations must sit together and resolve the issue before it goes out of hand. The government must act now. The issue is no longer merely about a dispute between the police and advocates; it is about the confidence of the common citizen in the institutions that are supposed to protect him.