THE USE OF KNOWLEDGE IS POWER

In A Time Of Universal Deceit, Telling The Truth Becomes A Revolutionary Act. (Orwell)

ALL TRUTH PASSES THROUGH THREE STAGES; FIRST, IT IS RIDICULED, SECOND, IT IS VIOLENTLY OPPOSED, THIRD, IT IS ACCEPTED AS BEING SELF-EVIDENT. (Arthur Schopenhauer)

I WILL TELL YOU ONE THING FOR SURE. ONCE YOU GET TO THE POINT WHERE YOU ARE ACTUALLY DOING THINGS FOR TRUTH'S SAKE, THEN NOBODY CAN EVER TOUCH YOU AGAIN BECAUSE YOU ARE HARMONIZING WITH A GREATER POWER. (George Harrison)

THE WORLD ALWAYS INVISIBLY AND DANGEROUSLY REVOLVES AROUND PHILOSOPHERS. (Nietzsche)

Search This Blog

Blog Archive

Thursday, November 5, 2015

To protect judiciary, we can even call Army: Supreme Court

NEW DELHI: In a stern message, Justice T S Thakur, who will be the next Chief Justice of India, on Wednesday said the Supreme Court would not allow anyone, much less lawyers, to hold Madras High Court to ransom and warned it would not hesitate to go to any extent, even calling in the Army, to protect the institution and its dignity.

A bench of Justices Thakur and P C Pant refused to entertain a plea by Tamil Nadu government questioning the HC's decision entrusting security of the HC premises in Chennai and Madurai to Central Industrial Security Force (CISF).

The HC had ordered CISF cover holding that state police were unable to handle the rowdy demonstrations by a section of lawyers, who along with their families had recently parked themselves inside the court rooms, shouted slogans and even gheraoed judges demanding Tamil to be made the HC's official language.

Appearing for the state, senior advocate L Nageswar Rao said the order withdrawing state police from security duty of the HC, a prestigious assignment, would have an adverse impact on the morale of the police force. He said the way lawyers indulged in unruly behaviour, it could not have been stopped by police without prior direction from the HC.

But the Justice Thakur-headed bench was caustic in its remarks against the police and the unruly behaviour of lawyers. It asked what else the HC chief justice could have done. "If lawyers do not allow the court to function, what else can the high court do. The police have become spectators when the institution is held to ransom. We have to ensure the institution remains intact and respected," the bench said.

Rao argued that if, according to the HC, the local police was unable to provide security, then CISF would be a disaster as they were not familiar with the local language and the dynamics of the situations caused by lawyers' protests, which often break out over insignificant things.

The bench said, "If the CISF cannot handle the situation, then the HC will decide whether to call in CRPF, BSF or the Army. CISF is just the first step. If people think that they can hold the high court to ransom, they should quickly take it out of their head. If need arises, Army can be called in. Lawyers will not be allowed to hold the judiciary to ransom.

"The HC has no animosity towards lawyers. It is just taking steps to secure itself. Where was the advocate general and the presidents of bar associations when lawyers were protesting inside court rooms and shouting slogans? What sorts of persons have entered the legal profession?"

Finding additional solicitor general Maninder Singh sitting in the court room, the bench said, "If the CISF is unable to provide security, then Maninder Singh will go to the HC and say so, not the Tamil Nadu police."

The normally soft-spoken Justice Thakur showed his tougher side and said, "Let it be conveyed to one and all that if they want a fight, so be it. If they think they can hold the institution to ransom, then they are mistaken." He told the state government to go before the HC and try to convince it about modifying the order seeking CISF cover for the court premises and judges.

The HC had ordered deployment of CISF personnel in the court campus from November 16. This decision was taken in suo moto proceedings on September 14 after lawyers staged a protest demanding Tamil to be an additional official language in Madras HC.

The TN government said in its petition, "It is not open to the HC to take away the powers of the state and entrust it to central security. It would amount to encroachment of the powers of the government by another wing of the state - judiciary."

Dhananjay Mahapatra,TNN | Nov 5, 2015

No comments: