India: Delhi Police against lawyers: whose fault? | India News

A verbal clash initially caused by a parking problem turned into vandalism when the Delhi police - the protector of the law - and the lawyers - who protect the right - clashed.
The skirmishes degenerated into bullet shooting and arson that flooded the Tis Hazari sky with a thick plume of smoke at a time when the city was already struggling with severe air pollution. .
Not only has it damaged the reputation of the institutions of law and justice, but it has also highlighted the fragile relationship between the two pillars of democracy. As it has been found that both institutions are breaking the rules, the question of whether they are above the law is serious. And, are rights deeply rooted in both institutions?
According to the former senior policeman from Uttar Pradesh Prakash Singh, both parties have, at first glance, crossed the boundaries of the law. "Now, who has committed a greater transgression, who has been more offensive, more aggressive and who has more law in his hands needs an investigation. I will not be able to say more about it. The police should be restrained, but it is also supposed to apply the law of the land and, whoever committed the offense, it should register a complaint, "he said.
Constitutional expert Subhash Kashyap said the same thing, saying the police and the cops should have kept the decorum of their profession and contained themselves.
"It is very unfortunate that those who are the guardians of law and order have broken the law. I think this gives a very bad example to the citizens, "said Kashyap.
"The two lawyers and the Delhi police behaved as they should not have behaved. The case is now before the court and it will fix the responsibility Both parties have broken the law and must learn to behave as responsible professionals. Victims and complainants are the victims, "added Kashyap.
However, The Bar Council of India Manan Mishra admitted that some lawyers had crossed the line and assured that they would be treated strictly, but he also pointed to the undisciplined behavior of the Delhi police in dealing with the situation in Tis Hazari, followed by their demonstration at the police headquarters.
This was a minor problem related to the wrong parking, but the Delhi police shot in the air and no one spoke about it. The media did not put forward this argument, but rather the problem of a police officer who was mistreated by the law. The Saket District Court has taken center stage. The media are talking about criminals and thugs, which is unfair. "
"I can not justify the acts of the lawyers and we are acting against them, but let's look at the behavior of the police. Even after shooting, lathicharge, they sat shamelessly on Dharna. They do not obey the command of their senior officers, "said Mishra.
This is not the first time that lawyers and police officers are publicly guilty.
In 1988, Kiran bedi the then deputy police commissioner (northern zone) had a similar showdown with the legal fraternity when a lawyer arrested for robbery was brought to Delhi court in Tis Hazari handcuffs.
There followed a two-month break in judicial proceedings. Lawyers barred the courts from operating in Delhi and neighboring states, demanding the resignation of Bedi.
In February 2017, an officer from the police station (SHO) was assaulted by a lawyer at the Karkardooma court in Shahdara. The lawyer was reportedly arrested by the OHSS earlier in a case.
In 2018, a Karkardooma court attorney was beaten and his house was vandalized by the cops before he was arrested. A group of lawyers then arrived at the police station and the problem was solved.
According to lawyer Ashish Dixit, if the cops were taken prisoner, the lawyers were also confronted with the heat of the police, but they always supported each other in difficult times.
In 2015, the lawyers came to the rescue of a police officer who had been attacked by a few unknown gunmen who had opened fire at the Karkardooma court in Delhi, Dixit said.
"The relationship between lawyers and the police is that of a cat and a mouse. Clashes take place but they are settled. The clashes in Tis Hazari broke out because of police shooting. In addition, the lawyer accused of bad parking was locked up. If he made an illegal parking, he should have received a challan. How can you lock him up and put him in court? "Dixit questioned.
Interestingly, in 2016, during the trial of the student leader of the UNJNU from Kanhaiya Kumar lawyers clashed with UNJ students and journalists in the court of Patiala House in Delhi. At that time, the police were accused of being a silent spectator.
"The police are generally reluctant to hire lawyers because if you study the history of clashes between lawyers, regardless of where they are confronted, whether the police were right or wrong, it was the police who suffered. This has happened since Kiran Bedi's time until that happens, "Singh added.

This article appeared first (in English) on THE TIMES OF INDIA