B.M.Lanong
The Bar Association of India and the Shillong High Court Bar Association deserve accolades for organizing the one of its kinds, the National Seminar on current challenges on the legal profession and judiciary in Shillong and for being able to get the presence of eminent Supreme Court Lawyer of the Country Shri Ram Jethmalani among others, to attend and articulate on a variety of legal-allied issues of national and international importance.
The protracted black money issue stashed in foreign countries is still an unresolved political agenda of the BJP, committed during the last general elections to the Lok Sabha, for obvious reason, that when you point a finger at others, one has to be careful, lest the rest of the fingers point towards yourself and all that.
The people of India can only go on ruing for having elected the wrong people and pin their hope to see one day, which money, where is it lying and who owns the said black money.
But the biggest challenges are not only caused by powerful people in the government, but also in the hands of those, in whom judgemental power lies. Many judicial challenges do stem from people directly connected with judicial profession, its tribe and fraternity. Let’s have a look at.
I can vividly recollect the infamous Supreme Court case of the chairman of the Bar Council of India, who was also President of U.P. High Court Bar Association, who was awarded simple imprisonment for 6 weeks, suspended for 3 years from practice and vacated all his elective and nominated offices held by him, for Criminal Contempt of Court, committed by him in violation of the Advocate Act 1961,(AIR- 1995 SC 2348).
Similar unethical and unprofessional breach of conduct on the part of some of those in the legal profession, have caused immense hardship to many poor litigants, who only have to suffer in silence.
A great many litigants in the country are deeply aggrieved over the unmitigated delay in disposal of cases in different courts in India, where a total of approximately 4 lakhs cases are still pending. This information was revealed by the former Chief Justice of India, KG Balakrishnan in the national seminar of all Chief Ministers and Chief Justices of High Courts, held in Delhi in 2009, which I also attended.
A great many are peeved over the manner in which the judiciary takes different stances on identical issues and that many prime issues involving leaders and people in high places stagnate in different courts, where the principle of justice delayed, is justice denied, is ignored within the realm of the judiciary itself.
Another infamous case that drew national attention is the Om Prakash Chautala case. The former 81 year old Chief Minister of Haryana and his son Ajay Chautala, former Haryana Cabinet Minister languished in prison for a term of 10 years, when the special CBI Court in January 2013 convicted the duo and other responsible officers in the education scam, for illegally recruiting 3,206 junior basic trained (JBT) teachers in Haryana in the year 2000. Ironically, a similar major education scam of Meghalaya, which case has been referred to Supreme Court by the victimised primary teachers, is still pending for several years, for a number of reasons which the people are left astounded. Equally thrilling- high profile cases are being adjourned for too long in the apex court, much to the disgust of the people who begin to lose faith in the judiciary.
On several occasions the breach of professional conduct by some lawyers has been reprimanded by several High Courts. In Rajinder Singh vrs Union of India & otrs, (Punjab & Haryana HC 1993 CRI LJ 1968), the High Court having taken serious note of the matter, passed relief order that the courts are ‘ supposed to work and dispose of the cases themselves even when unaided by lawyers of the parties, by going through the records of the case.’
There are also several provisions in the Cr.PC, where the courts can initiate proceedings on their own accord, if they are satisfied that there are satisfactory reasons to call for records from the lower courts, the police, the CBI or any authority sitting over the matter concerned. Passing the buck from one to the other is something that sensible people who also know the law can no longer tolerate.
In Meghalaya, the ever surging crimes are being committed on a daily basis, for the simple reason that the judiciary has failed to come up with proportionate conviction orders to deter criminals. Amazingly some courts even grossly passed bail orders within 24 hours, for grievous cognizable offences.
In Khasi society, people are highly sensitive and detest those who play double games (Tuta bam ar maloi or a parrot pecking and eating from two bowls). This is where the real challenges lie for the Bar Association and all in the legal profession, to uphold utmost restraint, swear and live by professional ethics and without prejudice and to incarcerate the guilty without fear or favour as they have committed before entering the profession.