The underlining spirit of the Constitution provides for policemen and the law-and-order machinery to be guardians of the law. And in doing so, the founding fathers of our Constitution drew a strong red line against the use of force by those in uniform, unless attacked directly. The Constitution is also emphatic that the provisions of the CrPC and IPC will be the guiding documents, with no one permitted to be a loose cannon and play with the law as they please.
Goa is literally agog with public anger at the murderous assault on a lawyer, Adv Gajanan Sawant, in the home of his client, where he had gone in a civil matter. The police were present there and in an ensuing altercation Advocate, Sawant was thrashed so badly that he suffered multiple fractures and a broken jaw which had to be kept together by wires.
Not just lawyers, people can and will get together peacefully, if injustices are protected by the State
The community of lawyers has given a befitting response to the State. The absolute show of strength of solidarity that was displayed by the lawyers of Goa is commendable. Refusing to take no for an answer, 200 of them reached the Porvorim Police Station close to midnight and said wouldn’t leave till an FIR was filed against the erring policemen. As they pressed for the arrest of the cops and a fair investigation, the case was transferred to the Crime Branch. On Saturday morning they were up and early at the Crime Branch demanding the arrest of the named cop as well as three unnamed ones, failing which they would not move. As they waited for the case papers to arrive, they went to Azad Maidan in Panjim to have a public gathering to raise the issue, post which they returned to the Crime Branch and remained there, still pressing for the arrest of the criminally charged cops. The Bar of the High Court of Bombay, at Goa, and the one from neighbouring Maharashtra lent support with the former even writing to the government.
The Porvorim Police filed a case against the lawyer who they beat up even before they filed a case against their own men. Thereafter attempt to murder charges were slapped on one head constable and three others who were not named (yes that’s true, the police did not name cops working in their own police station)
It’s not a fight for justice for a lawyer but a common citizen who happens to be a lawyer
The lawyers are clear. They have shown solidarity with their colleague, but it is not restricted to just professional support. This is a show of people's power against State excesses and injustice against the common man. This is a message that when the principles of law are in favour of the common man and protect against State injustices, why should the common man take unfair assaults lying down?
In this fight, even Ministers, MLAs and government servants should also join because their aim should be to protect the common man
This is not a State versus the people fight. It is about the elements in power who defy the Constitution and harm the common man. There are good people in the system including elected representatives who should join the people on the streets, in a peaceful display of solidarity.
The common people are asking on what basis did they assault Adv Sawant. Even if they had a complaint and a case against him, the principle of fair trial and investigation, which is laid down under penal provisions, gives the police absolutely no right to raise their hands.
The fundamental principle of a fair trial where the State and its agencies are stakeholders, drawn from the laid down principles of the penal code is this:
The concept of a fair trial is based on the basic ideology that State and its agencies have the duty to bring the offenders before the law. In their battle against crime and delinquency, State and its officers cannot on any account forsake the decency of State behaviour and have recourse to extra-legal methods for the sake of detection of crime and even criminals. How can they insist on good behaviour from others when their own behaviour is blameworthy, unjust and illegal? Therefore, the procedure adopted by the State must be just, fair and reasonable.
Moreover, a fair trial is not a favour afforded to citizens, but a bundle of legally enforceable rights guaranteed by the State to its citizens.
What is happening is the exact opposite. The system is raising its hands against the weak while working for the powerful. And it is folding its hands in obeisance to the powerful and working against the weak
The decency of State behaviour has given way to criminal behaviour. Four policemen are facing attempt to murder charges. The Prime Minister who is in Goa, will surely not be pleased with this criminal taint on a police force.
The system is broken because there are black sheep everywhere
Everywhere there are good apples and black sheep including the police and even the lawyers’ fraternity. And it is a bad system that all including the police and the lawyers must fight. One simple experiment will indicate this.
In the north coastal police stations, calculate the number of FIRs filed and the number of anticipatory bails and regular bails granted. Then check the lawyers appearing in all these cases and notice almost the same set appearing, where in many cases it is the IO who as a “helpful gesture” suggests a lawyer.
The complexities of navigating through the simple process of filing an FIR and the needs that have to be taken care of, make it really tough to knock on the doors of justice even before going to the courts.
All this can be fixed. Graft cannot be used as an instrument of sections of governance. If the State wants to be with the common man, our principles of justice, and the spirit of the laws that govern penal actions only have to be followed. Bypassing the system cannot become a habit while following the system is an exception.
And it is only the people and those elected to protect the system who must walk hand in hand to fix this.