Saturday, March 7, 2009

Justice Sri Krishna Report - Unequal treatment...

Hi,

First half of the report has described about the unruly activities of the pro LTTE lawyers and other politically affiliated lawyers. Their act was already condemned by most of the senior lawyers. Even most of the lawyers were not supporting the boycott before 18.2.09. That's why the boycott was withdrawn from 19.2.09 and resumed work. Therefore, nobody prevent the action against the errant lawyers.
The question is, why under the guise of action against errant lawyers the judiciary was attacked?

After reading the Justice.Sri Krishna report, the SC condemns the CJ of Madras HC for acted in softened manner against the lawyers.

Now read the following portion in Justice.Sri Krishna report:

"...Once the policemen were given the order to lathi
charge the unruly mob of lawyers to quell them, it would appear
that the -police interpreted it as a license to unleash mayhem at
will. They chased the lawyers on the ground floor, along the
corridors on the first floor and beat them up mercilessly. The
policemen behaved in the same fashion as the unruly mob of
lawyers. The exchange of stones between the lawyers and the
policemen continued unabated. The policemen who undoubtedly
had lawful authority to subdue the rioting mob, are seen using
force disproportionate to the occasion and even after some of the
rioters had actually been overpowered and apprehended. They
continued to lash out lathi blows' on the lawyers apprehended by
them. They threw stones at the lawyers, at the window panes of
the Court premises, and also indulged in wanton destruction of and
damage to the vehicles parked in the High Court premises. They
chased the lawyers into the Court premises along the corridors
and also on the first floor of the Court premises hitting blindly at
them with lathis. Despite instructions that during a lathi charge
the lathi blow should be aimed at parts of the body other than the
head, the police freely rained lathi blows on the heads of the
lawyers, causing head injuries to a number of lawyers. There was
plenty of blood shed in the quadrangle, along the corridors and
also inside the office premises where the police appeared to have
entered apparently to look for the rioters. The police barged into
the court rooms of the Judges of the Small Causes Court and
family court within the High Court complex and indulged in
deliberate destruction of the tables, chairs, fans, computers and
other articles within the Court premises. When I went round the
premises of the High Court complex for inspection, . I noticed
extensive damage to the Court's properties as glass panes were
smashed, the doors of the Xerox machine room were smashed,
one Xerox machine was damaged, one Computer was damaged,
and fan blades at one place were twisted out of shape. The court
staff were unanimous that all this damage was inflicted by the
policemen. The police did not spare the children's creche also from
the hail of stones. Luckily, however, no child was injured though it
did traumatize some of the children in the creche and the ayahs
attending to them.
Not satisfied with beating up the lawyers within the
Court premises, the rampaging police staff systematically ran
through the chambers of lawyers within the High Court premises
causing wanton damage to the premises, pulling out suspected
lawyers and beating them. They also went to the lawyers'
Chambers situated on the Lingi Chetty Street, Thambu Chetty
Street, Armenian Street, Sungurama Chetty Street, Kondichetty
Street and Baker Street in the vicinity of the High Court,
systematically barged into such of the lawyers chambers which
were openand caused damage and beat up some of the lawyers
within. Even lady lawyers were not spared.
There is no doubt that the violence was started by the
unruly mob of lawyers, some of whom were even dressed in robes
and bands, but once the police got into action, there was no
stopping them. It was as if the police force, as a body, went
berserk. The lathi charge continued irrespective of whether a
lawyer was a miscreant or otherwise. The overzealousness of the
police resulted in their beating up a Despatch Peon, some other
court staff, a canteen boy and even assaulting on the head an
Hon'ble Judge of the High Court namely, Justice. Arumuga
Perumal Adithyan The videos show that Justice Arumuga Perumal
Adithyan, who was somewhat unduly brave in going to the
forefront of the rioting mob of lawyers clashing with the police, tried
to appeal to both sides to maintain calm and behave with the
dignity befitting the Chartered High Court. Neither side seems to
have paid heed to him. In the melee, while ' lathis were being
swung at the lawyers, one lathi blow from behind landed on the
head of the Hon'ble Judge. The video shows something
interesting. While being carried to the ambulance, the Hon'ble
Judge is heard, appealing not to the police, but to the lawyers, and
saying: "don't throw stones at the police, they are our protectors".
On the 19th February 2009, when the incident became
serious, some of the lawyers rushed to the Chamber of the
Learned Acting Chief Justice to apprise him.of the developments.
The Learned Acting Chief Justice and other Judges and the
Registry attempted to contact the Director General of Police and
the Commissioner of Police, but they were unable to contact them
for a long time. Finally, when the Commissioner of Police was
contacted, he assured that he would come to the. spot and ensu. re
withdrawal of the police. The Acting Chief Justice was emphatic
that all police personnel should be withdrawn from the High Court
premises and they were withdrawn, although some of the lawyers
continued to hold dharna inside even after 19th February 2009."

Now my question is, Why the SC acted in softened manner against the above acts of the police?.

The days are not far away for what happened to HC to happen to SC.

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