Crisis of Leadership in The Bar

By: Parmanand Pandey

Apart from being a festive season, it is also a season of elections in different Bar Associations of Delhi. The elections of Tis Hazari Bar Association, which is known as Delhi Bar Association will be held in the last week of October and that will be preceded by a week for the elections of Delhi High Court Bar Association. Immediately after DBA’s elections Rohini Bar Association’s elections are to be held. In the first week of December elections for Delhi Bar Council will take place for which the campaigning has reached feverish pitch.

Elections are like oxygen for any democratic organisation. They make an organisation lively, the flurry activities of the sitting office bearers and other contestants become conspicuous. For months together members are flooded with phone calls SMS’s and emails. Thanks to the technological revolution in the field of communication, letters have almost been done away with. SMS and sending of Emails have been outsourced. It is a completely disembodied affair. Many times senders do not know what message has been sent by them and to whom. Even person to person contact has been considerably reduced. It has albeit been replaced by the lavish dinner parties. There are many advocates who are enjoying this gala affair by attending these parties without any qualms for loyalty or support they extend to the candidates. During the day time, they will remain with one candidate but in the evening they will run for another candidate, depending on who is going to offer them good liquor and delicious food.

The tempo of elections reached the crescendo in the last week of pooling. Ultimately, the winner will not be a good candidate but who has the capacity to splurge. Exceptions are always there but there number is few and far between. But how such big resources are managed? Who is behind the funding? And if a candidate spends from his/her own pocket, what does he/she ultimately achieve by the elections? This is an enigma shrouded in the mystery.

Some say that winners make it a platform to develop intimacy with judges and convert it into the mutual benefits. Some say, it is used as leverage for climbing the political ambitions. Barring a few it is seen most of the candidates have hardly anything to do with the profession. They are found to be doing something like property dealing, running NGO’s other businesses, totally unrelated to the profession. The tag of ‘Advocate’ is used a shield to have some respectability in the society.

That is why; they (such advocates) have converted this profession into business. How to improve the skill of lawyering or how some facilities could be arranged to newcomers in the profession to hone their capacity or what are the new trends/winds blowing in the profession- theses things have no consideration in the elections of the Bars. How to protect the dignity of profession and further improve its prestige in the society do not carry any weight. They (candidates) are unconcerned about the tantrums of the judges. Code of conduct is ridiculed and derided day in and day out, the esteem of the profession is sliding in the society and its sheen or the lustre is fading -but they have no concern. The lofty profession, which once it was, is now being led by those who have no stakes. The irony is that law courses and curricula are being set or decided by those whose knowledge in the subject is next to nil.

Nobody can hope for any improvement unless serious, conscientious, ethically conscious and learned professionals come forward to take the lead.

Media Must Go For Self - Introspection

By Parmanand Pandey

Supercilious and self-righteous conscience keepers of media persons were up in arms when they learnt that the West Bengal police have arrested a top ranking Maoist leader from Lalgarh disguising as journalists. The policemen posed themselves as the correspondents of a foreign newspaper. They took the help of a local journalist to reach the Maoist leader.

The logic of media persons is that every profession has to observe certain codes of conduct which should not be encroached upon by other professionals for vested interests because that erodes the credibility of the profession. They say that the policemen have arrested the Maoist leader because the Media has credibility and it also shows that the police or for that matter the system of the state, has completely failed to do what it is expected to do. This puts a big question mark on the efficacy and the efficiency of the police and the state. This also shows that the police are still living in the era of feudalism and it has not evolved any sophistication in dealing with the new types of crimes. There can no two opinions that the system must grow to deal with and address to the problems of the people with minimum possible intrusion.

However, the question is whether media is justified in going overboard or it should do self-introspection on such occasions. Is it doing its work in a manner that is becoming of it or it is simply indulging into sanctimonious pontificating? No doubt sometimes grievances of media are genuine but many times it is seen that creates unnecessary hullabaloo. It has often been seen that media cries wolf to create the protective shield around it, so that nobody could think of even questioning its modus operendi and modus vivendi.

Despite proverbially short memories people might not have forgotten the employment of prostitutes for conducting sting operation by Tehlaka. Media had unabashedly justified the use of sluts and floozies for, what it considers a right cause. So, what if the policemen disguised themselves as journalists to catch hold of a dreaded dacoit or a naxalite leader who is responsible for death of so many and destruction of properties? Will any body mind if the police arrest terrorists who were planning to blow up a bus, train or plane? In fact, the police would be patted by every section of society for its efficient handling.

After all, journalists have been used as spies by various secret agencies in the world. If journalists themselves are prepared to work as agents for politicians and foreign investigating agencies, then heaven would not fall if policemen did a commendable job by arresting a person, who was wanted by the police for the quite long time and was giving the slips by terrorising the local people.

Not long ago, there was story in the Times of India when journalists drove on a motorcycle in restricted areas in the guise of policemen just to prove that the security was not in place even in the VIP localities.

It is very strange that the media cries hoarse and throws up the question of integrity and reliability but it has never bothered to see that it has become the haven of all sorts of pimps, bootlickers, bootleggers and sycophants. The general perception about journalists has gone down to the lowest ebb. It is said that journalists are saleable and anything can be published or broadcast by paying money to them.

Moreover, media have hardly had any concern for the social issues and it can be vouchsafed by reading the newspapers and watching the TV channels. Smugglers, black marketers, brick kiln owners, dishonest builders and businessmen have taken it as any other business and launched newspapers and channels. Journalists are ready to work for them on hire but surprisingly they become didactic and deliver homilies when it comes to telling others- what to do and not to do. Many thieves, pickpockets, unscrupulous suspects and criminals have got emblazoned ‘press’ on their vehicles and they masquerade as journalists among authorities for earning money by touting. This all is done in day-light but entire journalist community remains blind to it. How sad it is! In fact, media have no moral right to take umbrage on West Bengal police donning the garb of journalists to arrest an ideological rogue. If it wants to regain its image and credibility, it has to go for its own catharsis and cleansing. Will the employee journalists behaving like high priests of media wake up to reform themselves?

Justice Dinakaran Must Stay Away From Judicial Work

By Parmanand Pandey

The way Justice P.D. Dinakaran, the Chief Justice of Karnataka High Court is trying to give the caste and communal colour to the opposition of his elevation to the Apex court is indeed very sad and tragic. What is all the more disturbing is that the reaction of National Commission for Scheduled Castes and Scheduled Tribes over this issue, which by stretch of imagination is very nasty, ugly, stinking and in bad taste.

Corruption is like a cancer. We may believe or not, it has spread to the entire polity of the Indian state. However, it is quite satisfying that people have very high expectations from the judiciary. But it gets dashed when they come to know that those who are appointed to the high posts of judges are not above board. One of the former Chief Justices of India, Justice Bharucha was on record that 20 per cent judges in the country were corrupt. This was obviously an understatement; the figure must be quite high. Assuming that only One-fifth of the judges are vulnerable to corruption, the figure is very alarming. This means that the justice in sensitive cases is traded off by these judges.

Justice P.D. Dinaparan is one of the five judges, who have been recommended by the collegium for the appointment of judges, for his elevation to the Supreme Court. When this news became public, many senior lawyers and Bar Associations were aghast to learn it. They immediately protested that a person of dubious integrity like Dinakaran should not be let to hold the very high office of the Apex Court judge. In all fairness, Justice Dinakaran, who is even today holding very high office of the Chief Justice of Karnataka High Court should have offered himself for investigation or scrutiny till the he was cleared of all doubts but unlike a transparent judge and more like a petty politician he started justifying his ill-acquired wealth, mostly in the form of landed property.

The height of his audacity was when he said that he was being targeted because he belonged to Schedule Caste and those opposed to his elevation were from upper castes. First of all, it should be noted that those who aired their opposition to his elevation are very senior jurists of impeccable integrity and they are head and shoulder above the contemptuous considerations of caste. Secondly, many of them do not belong to the rigid caste system of the Hindu religion. Thirdly, why does Justice Dinakaran forget the fact that he owed his chief justice ship of the High Court more to his being of Schedule Caste than to his scholarship or learning or brilliant advocacy? Fourthly, his claim of being rich from the beginning should be taken with a shovel of salt because; it is difficult to find a person belonging to the depressed section of the society of being such a big landlord as he claims to be that too; in the area from where he had not earlier connection. Perhaps, Justice Dinakaran does not know that by adopting such postures he is doing incalculable damage to the schedule caste, which he belongs to. The name of the present Chief Justice of India, Shri K.G. Balakrishnan, is also unnecessarily being dragged into the controversy because the present CJI who although belongs to the Scheduled Caste yet there is not an iota of doubt that he has come to occupy this high post only and only on the basis of the merit.

The statement that has been issued by the National Commission of Scheduled Caste and Scheduled Tribes shielding Justice PD Dinakaran is very unfortunate and deprecating. Shockingly, the present Chairman of the Scheduled Castes and Schedule Tribes is Shri Buta Singh, whose corruption stinks to high heaven. By issuing such statement he wants to put veil on his own neck-deep corrupt activities. Meanwhile, it will be good in the interest of judiciary if justice Dinakaran opts out on his own from his elevation and keeps himself away from performing judicial work in the High Court of Karnataka till all doubts about him are not cleared. However, if he does not do so, then his appointment should be cancelled. In order to have the faith of the people in the judiciary there ought not to be any compromise on the matters related to corruption. What should be the process of appointment of judges and how to select incorruptible judges, whether collegium system has failed or National Judicial Commission will be a foolproof system?-I will write on these issues in my next post.

Making Farce of Democracy

By Parmanand Pandey

Tragic death of Andhra Pradesh Chief Minister Y.S. Rajshekhar Reddy in a chopper crash on the hills of Nalla malla is sad, very sad; but the political drama that has started even before the charred body of the late YSR was laid to rest is a sadder event. It is reported that 148 out of 170 Congress MLA have already signed on a letter of allegiance for Shri Jagan Reddy, son of the late Shri Y.S. Rajshekhar Reddy. The way these MLAs lost no time in expressing their fealty to young Jagan Reddy is certainly a matter of grave concern for the democracy because the army of sycophant MLAs of Andhra Pradesh have not left any to make a farce of it.

It is our culture not to speak ill of anybody after his/her death but YSR was not anybody. He was a public figure and he cannot be spared from critical appraisal. There is hardly any doubt that he was a dynamic leader bubbling with energy and innovative ideas. But at the same time, there can be no denying that the public perception about him was of a corrupt leader. He grabbed scores of acres of government land and converted it into his private farm. He promoted the lobby of realtors and within a brief span of two-three years made his son a media baron. Jagan Reddy is now a Lok Sabha member for the last four months, courtesy his father. Politically he is a novice but he has deep connections with the corrupt business lobby of Andhra Pradesh and the same lobby is rooting for him to maintain at least the status quo, if not going beyond his father in showering favouritism on property dealers.

We can only hope that the present leadership at the centre will not allow making the joke of democracy by anointing Jagan Reddy as the Chief Minister of Andhra Pradesh. Such things do not happen with such brazenness even in feudalism as it is happening in Andhra Pradesh.

This flattering of MLA’s will bring ignominy not only to Andhra Pradesh but to the whole country. One cannot expect Jagan Reddy to put a stop to this shamelessness but the Congress High Command ought to take action against those MLAs who are orchestrating for making Jagan Reddy, a tainted media baron as the Chief Minister, whose biggest qualification is that he controls purse strings. Let us see what happens?

Need for formidable and unfettered media

By Parmanand Pandey
Among the many roles that the media has to play is the building of a just and egalitarian society with emphasis to inclusive growth. It has not only to serve as the mirror of society-be it good, bad, ugly or beautiful as is often stated by some people. It has to see that the perpetrators of atrocities on weak and humble do not go scot-free, that the corruption is banished, if not completely at least in good measure, that iniquitous administration of justice and governance and distribution of wealth is got rid of, that the gender bias is removed etc.

It may be recalled that the Press played a remarkable role during the freedom struggle. After independence every thing changed radically. Technology rightly got the place of pride. The shape and presentation of the news and views got metamorphosed. Television and Internet appear to be ultimate revolution but it will continue to amaze as this is an on-going process. One gets awestruck with virtually mind-blowing changes. Such changes brought about courtesy science and technologies are always welcome.

Here, however, the question remains, how for the media has been able to achieve its cardinal goal of improving the lot of the people? Why there is so much cynicism among the people about the media. There can be hardly any doubt that media is a sine qua non in a democratic set up. It is unthinkable to have a democratic system without free media. Robust democracy ensures free media and vice versa.

It will be pertinent mention here that there has not been seen any devastating famine in India after independence, thanks to free and watchful media. It has always kept the government on toes as and when such situations arose. Recently there have been some deaths of farmers particularly in Maharashtra. But visualise a scene if media had not been free and vigilant. The death toll of scores of farmers would have gone unnoticed and the government must have remained sleeping. However, the sustained reporting of suicides of farmers in print and electronic media kept the government alert and careful forcing her to swing into action to save the lives of precariously placed farmers.

Media has done laudable works during natural calamities; be it floods or droughts or earthquakes. The promptness of media reporting of such matters brought Godspeed in the relief and rescue operations.

Many sting operations that were carried out particularly by the electronic media have rendered yeoman service in cleansing the society. Nobody could have thought of any action to be taken against corrupt Members of Parliament if they had not been caught on TV cameras taking money for asking questions in Parliament.

Believe it not, corrupt politicians and bureaucrats shudder to take bribes not because their hearts have been changed but because of the fear of the media. Let me hasten add, this does not mean that the bribery has been rooted out; in fact, it has increased at many places but it is no longer as openly and blatantly as it used to be in the pre-TV days. Needless to say, Media has significantly awakened the people against the social evils like; dowry, child marriage, bride burning, fossilised caste-ism or religious bigotry. What the police and administration have failed to do, that has commendably been done by vigilant media to curb and control the communal riots and fake encounters. Only two decades ago when media was not so strong the police used to often resort to barbaric methods but that has been reduced to a large extent and the credit must be given to Media only for its salubrious impact. Having said it all, it will be virtually losing sight of the fact that the media has also played very negative and destructive roles. It has done incalculable damage to some innocent people, in particular and also to the society in general with its nonchalant, irresponsible, callous and apathetic behaviour. Uma Khuran’s case is a glaring example. The image of the poor school teacher was tarnished beyond repair due to irresponsible media.

Kargil war was perhaps the first war that was fought in media glaze. It had the desired effect on the psyche of the people. Armed forces were praised, honoured and awarded across the board primarily because of the media. The feeling of patriotism and nationalism overpowered the people. But on the other hand it during the Kandhar crisis its role was very negative. The media had, for all practical purposes, capitulated the government of India forcing her to take the shameful decision of surrendering the hardened terrorists for securing the release of 198 passengers and crews of the hijacked plane IC 814. The accusations made by some people against media persons of indulging into blackmailing are also not without weight and substance. The media must look into it without inviting any interference from the Government.

The last two decades have seen the immense growth of media during the last two decades. And in the days to come, it will, undoubtedly, become more formidable. It is in the interest of the society that the media remains absolutely free from the shackles of the unscrupulous and selfish business houses as well as blackmailing journalists. It is not exaggeration to say that the formidable and unfettered media will enormously help in building the healthy society and a strong nation than all other constitutionally recognised organs of the State put together.

Gutter language of Rita Joshi has shamed all

By Parmanand Pandey

One would be dumbstruck to hear the language of Ms Rita Bhaguna Joshi, the Chief of Uttar Pradesh Congress Committee that she used against the U.P. Chief Minister Mayawati while addressing the meeting of Mahila Congress Workers in Moradabad. She said that ‘It is shameful that the U.P. Chief Minister is doling out Rs two lakh to the victims of rape.’ There is nothing wrong to this extent but what she said after this was enough to shame and benumb any civil society. In her simulated rage she went on ‘I say these women to throw that amount at the face of Mayawati. I will pay Rs.one crore to Mayawati as compensation if she is raped.’ Some were wonderstruck whether this gutter language was coming from the mouth of the UPCC Chief but then some were there who clapped in applause. Rape is, no doubt, a ghastly crime. It kills a woman every day that she lives. No amount of compensation will wipe out her mental agony and pain. But then that is not the issue being discussed here. The point in consideration is the type of political leaders we have, who have no qualms, shame or guilt in stooping down to the bottom of vulgarity.

Ms Joshi is the daughter of the late Hemwati Nandan Bahuguna, who was an illustrious leader of the country. Late Bahuguna had fought for the freedom of the country. While he was studying in Allahabad University, he was a regular visitor to Ananad Bhavan, which was a hub of freedom-activities. He was jailed for quite long time and as a result of it, he could not complete his formal university education but he shaped up a formidable, dignified and visionary leader of the country. He rose up to the level of the Deputy Prime Minister of India.

Shri Bahuguna started his career as a trade unionist and was the leader of the Rickshaw Union of Allahabad. His concern for poor and deprived sections of the society was clear and obvious. He was one of the most beloved Chief Ministers of Uttar Pradesh and always espoused progressive and secular politics. He wanted that poor people, particularly those belonging to Scheduled Castes and Scheduled Tribes must get major say in the governance and the administration of the country. He was removed from Chief Ministership of Uttar pradesh in the heyday of the Emergency. That again shows that he was feeling suffocation during the Emergency and had become persona non grata for the coterie that was dictating everything during the Emergency. This was the reason that immediately after the Emergency was lifted he teamed-up with Babu Jagjivan Ram, the other disgruntled Congressman, who was, undoubtedly, the tallest Dalit leader in those days and formed a new party-Congress for Democracy. This party played very important role in unseating the Congress Party from power.

It is necessary to say all these things because one expects that Ms Rita Bahuguna Joshi must have been tempered with the political training of her not-so-ordinary father. Apart from it, Ms Joshi is a Post-Graduate in History and she has also earned her Ph.D. in the same subject. By any reckoning she is qualified enough to set the trend of decent politics. The politics, in today’s environment, has become the calling of the lumpens, who are devoid of any ideology, whose only aim is to make money, bully others, bend and break the rules and laws ,to enjoy the fruits of power by grabbing or usurping it by adopting all crook means. Coming from a political family and being a highly educated person, as Ms Joshi is, her fault or indiscretion becomes doubly serious, reprehensible and deplorable, which deserves to be roundly condemned by one and all.

What Mayawati is doing in Uttar Pradesh is egregiously wrong and nobody in his/her senses would countenance her megalomaniac activities. She is behaving worst than a tin-pot dictator but then that is a different matter. And that does not justify even a wee bit what Ms Joshi has slandered about her.

Ms Joshi appears to be blissfully ignorant of the fact that Mayawati is providing compensation to the rape victims as per the provisions of a Central Act. One can safely say that if Mayawati had to give it her own, she would not have given a single penny.

Being a woman, Ms Joshi was also expected that she would not use such obscene language for a women politician, who is occupying the high post of the Chief Minster of an important State, which has produced number of tall politicians from its cauldron. Mayawati, it can be said without doubt, is not fired with any political, economic or social ideology, which can take the State out of political marsh or quagmire. She is virtually an illiterate woman (though she is a Law Graduate) known for her uncouth and brusque style of functioning. She lives on an emotive issue of ‘Dalit ki beti’. Although the people are slowly realising her gimmicks and that was why; she got a sound drubbing in the recently concluded Lok Shabha elections. She has realised that earth beneath feet is drifting very fast. Developmental activities in Uttar Pradesh have virtually come to a naught. She indulges only into rabid caste politics and outsmarts even Mulayam and Lalu. She thinks that bullying is a good tactics. The number of takers of her politics is fast dwindling because people have seen through it.

Needless to say that nobody can beat Mayawati as far as foul language is concerned. Such type of language coming from the Opposition Parties suits Mayawati as has gained expertise in using it in her favour. Sabji Mandi language is not the reply to Mayawati’s anti-people policies. She has to be opposed politically and ideologically. Alas! Rita Joshi has miserably failed. Any sympathy to her will be misplaced and would not auger well for the state, country and politics as well. No tears should be shed for Ms Joshi. Her jail term could have served a salubrious and fitting lesson to all politicians but that that could not happen as she is out on bail.

Any Award to Lalu will Amount an Insult to People

By Parmanand Pandey

Lalu Prasad Yadav, when he was the Chief Minister of Bihar used to brag, ‘Jab tak hai somese me aaloo, tab tak rahega Bihar me Lalu (So long the Samosas are made of potatoes, Bihar will be ruled by Lalu). He had many times said that he would rule Bihar for at least twenty five years. When he shifted from Bihar to Delhi after getting his wife saddled as the Chief Minister of the State he boasted number of times inside and outside Parliament that one day he would certainly become the Prime Minster of India.
One may recollect that when Lalu was returned to power in Bihar for the third consecutive time he had pooh-poohed the idea of development in the State. He even ridiculed the theory of modernisation, computerisation and developmental activities of Chandrababu Naidu of Andhra Pradesh who had got drubbings at the assembly elections by saying that if the development had been the criterion of popularity in the people, then Naidu should not have got battered. This was his way of expressing contempt for the development.
Anybody, who talked of making Bihar a vibrant and developed state, was made the butt of jukes by Lalu. He had said many times that only illiterates and poor people vote for him; therefore, there was no need for education and alleviation of poverty from the state. Thus he actively and deliberately perpetuated the poverty and deprivation in Bihar. So much so; he used to gleefully enjoy the humiliation of Biharis, who stepped out their State to earn their livelihood in other states.
A person, who considered himself the product of the movement got himself immersed, head over shoulder, in corruption of every conceivable type, be it fodder scam or asphalt scam or misappropriation of flood relief fund. He sucked Bihar white for his insatiable greed of accumulating wealth. He ran the state of Bihar as his fiefdom without any sense of shame or guilt. Claiming himself to be a socialist he indulged in terrible casteism and rank opportunism in most brazen and arrogant style. He was tried in the court of law in some cases and was even sent to jail more than once but the thick skinned Lalu, as he is, boasted as if the jail going in corruption cases was a badge of honour. While going to jail; the way he handed over the baton of Chief Ministership to his unlettered house wife, Rabri Devi, amounted to heaping insult on the people of the State in particular and the democratic polity of the country in general. In any other democratic country, he would have been languishing in jail and faced the wrath of the public but he, with the support of spineless leaders like Inder Kumar Gujral, whose ascendancy to the post of the Prime Minister ship of India was slur on the country, got his wife sworn in as the Chief Minister of the second largest state of the country. It was the darkest period of the country that a self seeker like Gujral could rise to the level of the Prime Minister of the country without any qualification, struggle or ideology. He, verily, brought disrepute to the exalted post of the Prime Minister ship. It is said, that it was Gujral who suggested Lalu to install his wife as the Chief Minster of Bihar. What a shame!
Now Lalu Prasad Yadav’s bluff and bravado has been exposed in the last Parliamentary elections. The People of Bihar have rejected him lock stock and barrel. Any attempt by him or his corrupt supporters to get him awarded with a ministerial berth at the centre would again be an insult to the people of Bihar. This is the time his corrupt deeds, irregularities in Bihar as well as in the Railway Ministry should be thoroughly enquired into and made public. And he must be tried in fair and objective manner by the court of law. If he is found guilty he should get stern punishment. This will help restore the people’s faith in democracy and neck-deep corrupt politicians like him would, undoubtedly, be deterred from plundering the public money and treat the power as their fiefs. A good lesson indeed!

Tantrums of judges betray their lordliness

Much has been written, discussed and debated about the conduct of judges and advocates. However, we many times find the cases of indiscretion by judges and advocates as well; in and outside the courtrooms. Sometimes it is deliberate but more often than not, it because of misunderstanding and ignorance.

There is an Advocate act, which defines and demarcates the duties, rights and limitations of the advocates. Bar Council of India and the Bar Councils of the states derive their strengths and powers from the Advocate Act, 1961. Thus the Bar Council of India and Bar Councils of states are the statutory creations or bodies. On the other hand, judges are governed by the service rules and the code of conduct as formulated by the High Courts from time to time. Even the judges of the Supreme Court of India have framed the code of conduct for themselves regarding the declaration of assets etc. The maintenance of dignity and the decorum, however, largely depends on the particular judge.

As far as the lower judiciary is concerned it has to go by the rules framed by the respective High Courts. The high Courts are vested with supervisory powers over the lower judiciary by virtue of Article 227 of the constitution of India. Under Article 123, the Supreme Court and under Article 215 of the Constitution of India, the High Courts are ‘the courts of the record and shall have all the powers of such a court including the powers to punish for contempt of court itself’. It is an altogether different whether these powers have given to maintain the majesty of law or satisfy the arrogance and ego of the judges. It has been made abundantly clear that this power is meant to be used against those, who disrespect and disregard the orders or the judgements passed by it. Powers of the contempt court, on the other hand, should very sparingly be used for the disrespect shown to any particularly judge. This is like a sword to be shown and most rarely to be used.

The lower judiciary of the states has to work under the supervision of the High Courts; therefore, it does not have the powers to punish for contempt of itself. If any judge of the lower court considers that somebody has shown disrespect to the court, s(h)e has to write to the concerned High Court making out the case of the Contempt of the Court.

But one generally comes across the judges overstepping the limits of their powers as it has happened on 28th of April in a district court of Dwarka, Delhi. It is alleged that two advocates were trying to browbeat a judge in the courtroom and in the heat of passion and excitement, the judge ordered the police to take the advocates under judicial custody. The reaction was of the strong resentment and in protest the lawyers of all five district courts of Delhi went on strike on 29th April against the misdemeanour of the judge.

There is no doubt, that lot of lawyers behave unscrupulously and that is why; they are taken to task or even punished by the respective Bar Councils but there is no dearth of such judges who are crude, inefficient and uncouth in their behaviour and conduct. Anybody, who is practising in the litigation side, will bear testimony to the fact, that many judges wear chips on their shoulders and throw their tantrums in the court rooms in most ludicrous manner. They behave in highly undignified and unbecoming manner worthy to be condemned roundly.

Bar Associations are supposed to identify such judges and ask them to mend their ways but if they do not heed to their polite suggestions, Bar Associations must take up the matter to the concerned High Court. The High Courts must immediately look into the matter as it concerns to the delicate issue of the relationship between the judges and lawyers. No court can function in the absence of either judge or lawyer and it ought to be understood that they are there to help provide justice to the people. Lawyers and judges both must have to have the commitments for the people and the society. No good judgment can be written without the help of the lawyers and no justice can be had without a sensitive and knowledgeable judge.

Unfortunately, most of the judges suffer from the repulsive arrogance and hardly read or reflect on the laws, the trends and obtaining current atmosphere in the field of law. What is true of such judges is equally true for the lawyers. Therefore, it will be a great service indeed to the cause of justice, if the Bar Associations, Courts, Bar Councils and Judicial Academies organise, from time to time, the workshops and seminars separately and jointly for the training and orientation of judges and lawyers both. Both are considered to be the officers of the court. The value and the dignity of the courts and the majesty of the law can be maintained only when both behave decently, courteously, with mutual respect of each other as well as with litigants. The strike by the lawyers is never welcome but hopefully, this strike will serve some useful purpose.

Shoe Flinging : An Act Most Reprehensible

Some journalists appear to be gripped with the virus, which commands them to become from news provider to newsmaker, that too, not through assiduous efforts but by their cheap and abominable deeds. Thanks to deep and pervasive reach of the media such journalists do get wide publicity, which serves to their perverted desires and goals.

It is a welcome evolution indeed that journalism has metamorphosed from ‘Mission to ‘Profession’. Objectivity becomes the easy causality in missionary journalism. Even today it can be witnessed in the politically or religiously indoctrinated newspapers or magazines. For example, nobody accepts objectivity from the ‘People’s Democracy’, ‘New Age’, ‘Christian Times’, ‘Radiance’, ‘Organiser’, ‘Panchjanya’, or ‘Desabhimani’. These newspapers and magazines purvey certain facts and comments, which reflect to their political or religious lines. Preponderance of missionary zeal is essential in such type of journalism.

Most of the newspapers or magazines in India, however, claim to pursue the independent line. That is why; people give more credence to independent newspapers and magazines. Independence is the key to objectivity and professionalism. In fact, independence, professionalism, objectivity and credibility are interwoven. The less objectively means the less independence and the less professionalism which would ultimately lead to erosion of credibility. There can hardly be two opinions that corrupt/ indoctrinated journalists cause immense damage to the profession. These toxic journalists misuse the forum of newspapers and magazines to sub serve to their own personal interests rather than doing well for the journalism or the society. They sneak into journalism to gain accessibility to the high and mighty or importance persons and capitalise that into terms of money other personal gains. They are no better than serpents of the grass.

We have abounding examples of journalists, who have amassed wealth hundreds or thousands of times more than their known source of their incomes. But hardly any journalist has been caught so far in the net of corruption, primarily because of their connections at the right place. Many journalists have made their profession the springboards to climb in politics to become MPs or MLAs. Journalists have always been known for their notorious habits of free wining and dining but their rapacity for wealth and power is relatively a new passion.

With the advent of electronic journalism the magnitude of economic or other corruption among has increased manifold. Readers and audience are taken for granted by these journalists. Many times fairness is crucified in the subtle manner but often it is done in the most uncouth and crude manner.

Recently, a new trend of flinging shoes has been started by the journalists in the press conferences. This is the most condemnable and unpardonable act on the part of the journalists. A journalist is permitted to attend the conference because he or she is the representative of the newspaper or magazine. And the latter has been given license for dissemination of news or views. This unwritten covenant authorises the journalist to have access even to prohibited places so as they can work for their organisations for the sake of the general public.

But if a journalist uses the forum of the media to vent his/her personal feeling or ire, it is nothing but downright corruption and dishonesty on the one hand, and an act of lunatic behaviour, on the other. Such mentally deranged persons ought not to be defended by any body, particularly by journalists’ community.

Of late, a journalist, Jarnail Singh, working for a Hindi daily Dainik Jagran threw his sneaker at PC Chidambaram, the home minister, in a Press Conference. His misconduct has been wrongly equated with that of an Iraqi Journalist, who chucked his shoes on the American President George W.Bush during his press meet.

What is more distressing is that many journalists, who never get tired of delivering homilies are now trying to defend the egregious misdeed of Jarnail Singh by saying that his cause was right but method was wrong. But the fact is that, neither his cause nor his action was right. Home Minister PC Chidambaram was also wrong in interfering in the process of law from taking its own course by not allowing the police to lodge the criminal case against him.

The Press Conference cannot be the place or the occasion to adopt such nasty methods for obtaining replies from the person, who addresses it. A journalist is well within his/ her right to ask even awkward questions for eliciting information for the benefits of public, because the media have the fiduciary relationship with its readers/ watchers but media person has certainly got no right to enter into unsavoury arguments with the person addressing the conference.

How could Jarnail Singh say that his cause was right? The press-conference was not organised to redress the grievance of any particular person or community. If he was so worked-up with his so-called right cause then he should been to some other place to demonstrate or protest.

Now some people say that Jarnail Singh is a man of cool and composed mind and he did it in the heat of passion. This argument is ridiculous and preposterous. A rapist cannot take the plea to mitigate his crime that he was blind with passion. Tomorrow if some debate or discussion is going on in Parliament or assemblies and if a journalist sitting in the Press gallery becomes angry with the line of argument of the concerned speaker and throws, his chappals on him, can he/she take the shelter of passion for his/her maniac behaviour. Certainly not. A person; who cannot have restrain over his/her feelings, however strong they may be, he/she has not right to be journalist. He/she must be sent to mental asylum for check-up and treatment. That is what should be done with Jarnail Singh. It is good for him and the society both.