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Advocates court arrest in New Delhi

Onkar Singh

Over 2,000 advocates courted arrest in New Delhi today, demanding the ouster of three police officers allegedly responsible for the lathicharge on their demonstration on February 24. Thirty-four advocates were injured in the incident.

The lawyers, from various parts of the country, have announced that they would form a human chain around India Gate. But this morning they changed their minds and decided to march to Parliament Street and court arrest for violating section 144, which has been enforced in New Delhi district.

Lawyers Association president Ajit Singh Chandok said that the video clips they had procured from Jain Television had clearly proved that the police had inflicted gross brutalities on the advocates.

"We are demanding that the deputy commissioner of New Delhi, Pranab Nanda, and two assistant commissioners of police, namely T S Bhalla and Vijay Malik, be suspended. We are also demanding that the Joint Commissioner of New Delhi Range R K Nayogi be transferred for their unprovoked attack on the lawyers, who were carrying out peaceful protest on Parliament Street. You have to see the film for yourself... Even women advocates were not spared," Chandok told rediff.com.

New Delhi deputy commissioner Pranad Nanda refuted the allegation.

"I have clear instructions. It merely happened to be a strike by advocates. If the strike had been by students or any other section of society and if they had tried to break the three cordons and head for Parliament house, I would have taken the same action," said Nanda.

According to Nanda, more policemen were injured on February 24 in the tussle between the police and the lawyers.

"Fifty-two policemen, including police officers, were injured and had to be given first aid. They tried to break the third cordon and rush to the Parliament. If I had not stopped them then the home ministry would have hanged me. We were taking no chances and we had deployed 15 companies of armed policemen and 1,000 policemen from my own district to ensure that everything passes off peacefully. Buses made 56 trips to transport striking lawyers from India Gate to Parliament Street police station and Mandir Marg police station," said Nanda.

Advocates strongly disputed the figures quoted by the policemen about the number of arrests. "Over 20,000 advocates from various parts of the country took part in the silent march from India Gate to Parliament Street," they said.

Asked what happened to their plan to hold a demonstration during the visit of the American President Bill Clinton to the Indian capital, Chandok said that the advocates have decided against it.

"The strike and protests by the advocates is an internal affair therefore, it would be wise to avoid any demonstration during Clinton's visit," he said.

Most advocates who joined today's silent march privately admitted that the lawyers agitation had changed focus.

"We started off by protesting against amendments in the advocates law and the government's move to amend the CPC. Now we are agitating against some petty police officials and if we, as advocates, have the right to strike work. Clients are not our employers. They pay us to fight their cases. Nobody asks us even about the motive for our strike. A petition moved by a NGO, Common Cause, is already pending before the Supreme Court of India," Kamini Jaiswal senior advocate told rediff.com.

They lawyers blamed the minister of law and justice Ram Jethmalani for going to London without sorting out matters.]

"I cannot understand why the government of India waited for the lawyers to be beaten up mercilessly before conceding to our demands to hold on to the amendments of the Advocate Act and the CPC Act. The government should have talked to us before moving these amendments. Why are they trying to open the Indian legal arena to foreign advocates so MNCs can have their own advocates to fight their cases," asked Chandok.

But his arguments are effectively rebutted by Jaiswal who told rediff.com that government had sent the drafts of the amendments to the various associations of the advocates in 1997 itself but the lawyers did not bother to discuss the issue amongst themselves.

"Now that the government of India has decided to go ahead with the amendments they are now shouting from the rooftops," she said.

Picture by Ranjan Basu/Saab Press

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