Why did lawyers write a letter against lawyers?

Lalit Garg

(The writer can be reached at lalitgarg11@gmail.com)

In the legal system, lawyers and judges often engage in debate and argumentation to prove or disprove points of law. Maybe this practice weakens the country and hurts national values. This judicial fraternity, which is important among the four pillars of democracy, has a group of top lawyers active in protecting the accused of political criminals, scams, and corruption. This is a natural part of our justice system, which is a big cause for concern. More than 600 lawyers from across India, including senior advocate Harish Salve and Bar Council of India Chairman Manan Kumar Mishra, have written a letter to Chief Justice DY Chandrachud, expressing concern over the increasing conditions for protecting political criminals. This effort is commendable and inspired by nationalism. The’vested interest groups’ attempting to manipulate the judicial process, influence court decisions, and tarnish the reputation of the judiciary with baseless allegations and political agendas must be widely condemned. There is also a question: Why did the lawyers have to write letters against the lawyers?

The concern of 600 lawyers about these dangerous and anti-national attempts to influence the judiciary is not unwarranted. This awareness among lawyers has become necessary for the prestige and fairness of the justice process. Prime Minister Narendra Modi has appreciated this meaningful and relevant effort by the lawyers. He said that intimidating and threatening others is the old Congress culture. Five decades ago, the Prime Minister said he had called for a committed judiciary—they shamelessly seek commitment from others for their own interests but avoid any commitment towards the nation. No wonder 140 crore Indians are rejecting him. ‘ This is the sacred responsibility of the judicial fraternity of our nation, and all the lawyers take an oath in the witness of God and the soul to fulfil this responsibility with devotion and honesty. But for the past few years, we have been seeing that a certain section of our lawyers is ignoring the sanctity and dignity of the Indian judicial process. The big reason for concern is that this group is creating such pressure in its favour, which is creating a threat to the integrity of the judiciary. But in the last two decades, more responsibility, awareness, and sensitivity have been seen among the judges, and they have not accepted to bow down to any economic or political pressure in the interest of the country.

Since independence, a special kind of group of lawyers has developed in our country, which has been getting the protection and encouragement of the ruling parties. They have become adept at covering up crimes, saving hardened criminals and political criminals facing serious charges, earning huge sums of money, and holding big positions in politics. Such big lawyers often appear in the cases of big people and politicians, and the income disparity among lawyers also shows that politically and economically capable people have more chances of getting justice than the common people. The law and order system is becoming expensive for the general public, and the hopelessness of fair justice also stems from such selfish lawyers. This big discrepancy and irony have also encouraged crime in politics. Due to this, the profession of lawyers has become controversial, and the credibility of the judicial process has also been questioned.

The question is, why did the lawyers feel the need to write such a letter? These days, some politicians are standing in the dock, and a special group of lawyers is active to save them, who, while trying to cover up the truth, work in various ways to save the so-called criminals in political interest. Such selfish lawyers, in a special way, create false stories of the so-called better past and the golden era of the courts, comparing them with what is happening in the present. These are nothing but deliberate statements made to influence court decisions and to embarrass the courts for some political gain. It is disturbing to see that some lawyers defend politicians during the day and then try to influence judges through the media at night. The statement by such self-serving lawyers that it was easy to influence the courts in the past shakes public confidence in them. That is why there was a need for the lawyers to write a letter to the other side.

There is no political purpose in writing such a letter, but there is a moral and national urge. In this letter, the Supreme Court has been requested to take strict and concrete steps to protect our courts from such attacks. Lawyers expressed concern that ‘special groups’ were trying to obstruct the proceedings of the courts. Especially efforts are being made to create obstacles on those issues that are related to politicians and political parties. Such tactics are damaging our courts and endangering our democratic structure. The lawyers allege that their actions are spoiling the atmosphere of nationalism, development, trust, and harmony, which is the fundamental characteristic of the functioning of the judiciary.

In the letter, the lawyers have called for a united, equitable, and impartial stand in support of the judiciary to ensure that the judiciary remains a strong pillar of democracy. Certainly, judges should behave equally in front of well-known lawyers or powerful accused without any political bias or prejudice, and our judges do the same. Still, there remains scope for complaint, and if some lawyers together feel the need to write such letters, then it only shows the country’s awareness and loyalty towards the country. Such letters cannot be criticised; such letters are tools to control the corrupt winds of politics. Such letters demand more awareness and sensitivity, especially from the judges. If something goes against the values and standards anywhere in society, in any part of the country, then we should not remain neutral. What should we do? Remaining silent after seeing something wrong is also a crime. Therefore, there should be no escape from evils and inconsistencies; there should be refinement of them. This letter from the lawyers is indicative of the sophistication required to maintain democracy as well as the well-established Constitution.

Another group of lawyers has become active against the group of lawyers who wrote the letter. It is natural for them to be active because their wrong intentions have been thwarted along with their huge earnings. The mutual allegations and counter-allegations between the two groups of lawyers are also quite serious and sad. In the election season, this is an issue on which debate may continue for some days to come. The matter is really serious. Keep in mind that the letter of 600 lawyers also raises concerns about the fabricated theory of bench fixing, whereby attempts to influence the composition of judicial benches and question the integrity of judges are perhaps not new. In such a situation, it must be said that the dignity of any pillar or constitutional institution in the country should not be tarnished. The platforms that provide justice to the public should not be clouded by injustice, selfishness, or demands. As a people working to uphold the Constitution while building a new India and a strong India, it is time for our courts to stand up and keep a strong guard against attempts to blur its existence and identity.