EDITORIAL
Navratra
capital
Once upon a time, and not
so long ago too, towns and cities, shrines and pilgrim
centers were self-sufficient, self-reliant places which
had an importance that was natural to them. They were the
nerve centers of the area; they were natural links, else
they were centers of trade and commerce, or the
repositories of cultural nuances. The places were natural
things that lived by their own dint. They were in harmony
with the place and people living there and there arounds.
Above all they were welded with the village- area- town
scheme that .....more
Right
No to talks
The Prime Minister has
rightly rejected the call of Pakistan president for
Indo-Pak talks. Had the 11 September not taken place, had
the terrorism not been shown as the high menace that it
is, probably the talks would have taken
place. Though the talks would still have been beside the
point. Agra and its aftermath have shown amply that
country at least with its present administrative setup in
only interested in ....more
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Pakistan
reeling under
street protests
Men, Matters and Memories
By M L Kotru
Gen. Pervez Musharraf, the Pakistani Army Chief-turned
Chief Executive Officer-turned President has just shed
one .....more
Is
a mere a or the the
question?.......
Yours Randomly
Dr. R. L. Bhat
How does might make the mares ramble! And, on how small a
pretext! Between a .....more
MEN
AND MATTERS
Delhi
disagrees with US interpretation
From B L Kak
US Secretary of State, Gen. Colin Powell, has failed to
dictate terms to the Government of India. The Prime
Minister, ....more
Kyon
Ke Mein Jooth
Nahi Bolta
By Tahir Khurshid Raina
Before my entrance in the legal profession I was reminded
of a very popular saying.... ....more
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EDITORIAL
Navratra capital
Once upon a time, and not
so long ago too, towns and cities, shrines and pilgrim
centers were self-sufficient, self-reliant places which
had an importance that was natural to them. They were the
nerve centers of the area; they were natural links, else
they were centers of trade and commerce, or the
repositories of cultural nuances. The places were natural
things that lived by their own dint. They were in harmony
with the place and people living there and there arounds.
Above all they were welded with the village- area- town
scheme that characterized the self-sufficient Indian
system. Then came the British with their colonial
schemes. The British did not alter the place maps of the
country, but the modern transportation that came in wake
of the Raj did change the man-made town scheme. But the
British did bequeath to India a legacy of centrally
directing and guiding everything. After independence not
much changed. Not the least the central administrative
scheme that had been put together by the British for
their colonial purposes. Independent India not only
continued with the scheme but made it into a virtue.
State became the most
meddlesome thing. And the Soviet system reinforced it.
The policy of state sponsorship of everything, welfare,
administration, trade and commerce, even culture became
the guiding principle for this emerging nation. The
village HAT was forgotten, instead there came the PDS
with its potential and practice of corruption. Instead of
the original social and cultural pegs, the state took to
the role of the high patron of everything from art and
culture to modes of worship. Exhibitions and meals came
to be sponsored by the state. Literary activities too
came to be guided and controlled. Over the
past half a century the state took over honest
everything. And social life was woven around the official
directions. Fifty years after it was discovered that the
scheme of directed development did not work. That it did
not goad progress nor enriched culture. Thankfully, the
country including this state has reverted to the old
model. The natural landmarks are getting a fresh input;
the natural social and cultural pegs and getting cleaned
of the debris of these years.
We are now beginning to
discover that culture and ethos cannot be manufactured
but only fostered; that building new temples is not as
easy a job as putting up huge mounds of concrete. We are
also beginning to discover the original
festivals and exhibitions.
Navratra celebration at Katra is the newest of these
welcome discoveries by the people and the government of
this State. Here is a natural peg to hold a whole
celebration of our ethos and culture. While government
had to coax people into visiting the
exhibition grounds, people flock to these
places of their own. That is what has made the Navratra
festival at Katra a resounding success within a couple of
years. Katra has become the cultural center of the
region. Already it has taken the role of a natural
competition grounds for singers and other performers. It
has become a huge trading center and the convergence
there of new talent has given it a prideful place all its
own. The artists and artisans of other callings would
naturally be flocking there in due course of time. And
Katra is well on its way to becoming the Navratra Capital
of the state, if not the country. The state tourism
ministry has added its mite to make the evolution smooth
without any undue interference. That indeed is how the
government can become a catalyst for cultural resurgence,
not by artificial foistings but by promoting the natural
growth.
Right No to talks
The Prime Minister has
rightly rejected the call of Pakistan president for
Indo-Pak talks. Had the 11 September not taken place, had
the terrorism not been shown as the high menace that it
is, probably the talks would have taken
place. Though the talks would still have been beside the
point. Agra and its aftermath have shown amply that
country at least with its present administrative setup in
only interested in milking the issue for its
political gains. Whatever illusions the world and India
may have had about the Agra summit were clearly dispelled
when the General-cum-President went on air boasting that
none of his predecessors had talked Kashmir
and that he alone had done it. Of course, he
did little there besides talking Kashmir, to press, to
high skies, to anybody and everybody who, may or may not
listen. But it was not talks he was
interested in. Possibly his idea of talking
is a military briefing where the listeners only respond
yes sir and set out for action. But that is
not how sovereign states talk-. That
certainly is not the way you go about talking over an old
complex issue. There was no indication that the general
had appreciated the progress made in the matter
over the space of three treaties on the issue or learned
anything about the diplomatic ettiquete over the
intervening months.
So talks with the Pak side
were not a promising proposition even before the
terrorists broke out on the world scene after that, the
whole point has shifted. The country that is offering to
talk to India now needs do hard talking within itself.
Not on the issue of talking to India but on its own
future and course, whether it is to be a country one with
the world in the rejecting, terrorist ways or not.
Whatever Americans may say today, what ever their
immediate goals in Afghanistan may make them to affirm,
this aligning with the Americans in their strikes
against Taliban is not sufficient proof that Pakistan has
eschewed her reprehensible ways. There is nothing to show
that she is not an active sponsor of terrorism, or
a believer in terrorist tactics. That proof can come even
as the war on terrorism is on, it must come
explicitly after the action in Afghanistan ends. Pakistan
must decide whether it abhors terrorism or aligns with
it. That talking she must do within. Among its people,
within the administration, possibly within the individual
minds, too. Only then can Indo-Pak talks be talked about.
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Pakistan
reeling under street protests
Men, Matters and Memories
By M L
Kotru
Gen.
Pervez Musharraf, the Pakistani Army
Chief-turned Chief Executive
Officer-turned President has just shed
one of his lesser known hats, one that
was becoming a source of embarrassment.
The General has resigned as patron and
honorary president of the Rabita Welfare
Trust, a key organ of the Rabita al-Alam
al-Islam, the apex body for funding
groups ostensibly engaged in charity work
among poor Muslims, but which has also
been in the forefront of funding
terrorism in places as far away as
Chechnya and Kashmir. The interesting
thing is not that Gen. Musharraf, who
apparently revels in the number of hats
that adorn his head, dropped this one,
but that he was tipped off in advance by
well-wishers in Washington to do so
before, Rabita was included in the U.S.
hit list of 39 organisations and
individuals directly involved with the
spread of terrorism. And dont you
run away with the idea that Gen Musharraf
did not know what the Rabita was about.
He went out of his way to get the
Pakistani "plenipotentiary" in
Jammu and Kashmir, Syed Ali Shah Geelani
of the Jammat-e-Islami and a senior
Hurriyat Conference leader, elected to
the board of the Rabita earlier this
year. The induction of Geelani was then
hailed as recognition by the cash-rich
organisation of the pro-Pak jihad in
Jammu and Kashmir as a freedom movement.
It is not unknown that the Rabita, which
routinely funds Islamic causes the world
over, did divert substantial funds
earlier to the Kashmiri Jihadis in the
name of assorted charities. The Jihadis
and the Hurriyat have been receiving
substantial assistance from various
Islamic organisations, some of it
directly and the bulk channeled through
Pakistan. That not all the money was used
for intended purposes has been known in
the Valley for the past few years and the
many palatial buildings owned by Hurriyat
and other secessionist leaders bear
testimony to this. In one case even a
hawala link had been established between
the secessionists and sources outside the
country. If memory doesnt fail, one
or two men working as conduits were
arrested in this connection some years
ago although the outcome of the cases
remains unknown.
Any way
that is only incidental to the reference
to Musharraf severing his ties with
Rabita. Imagine the head of a government,
even an unelected one, serving as the
patron of an organisation of dubious
credentials. Dont ask me how 1 dare
describe the Rabita as a dubious set-up;
ask Gen Pervez why he felt impelled to
resign the post held by him. Ask him who
tipped him off a day or two before the
Americans named the organisation to sever
his links with it.
It does
not any more matter whether Musharraf has
severed his links with the organisation
or not. For the Rabita, its international
networking notwithstanding, may already
have shifted its bank accounts. The time
Americans took to convey to Islamabad the
seriousness of accusations against the
Jaish-e-Mohammad, headed by Maulana Azhar
Masood, whom the hijackers of the Indian
Airlines aircraft the 1999 got released
in Kandahar, gave it enough opportunity
to wind up its shop and set up another
and have the monies accruing to it
transferred to the new outfit,
Tehreek-e-Furqan. Thus Azhar Masood and
his men do not really have to worry about
cash flow. Not that they ever lacked
funds. Mullah Omar, the Taliban chief and
Azhars madrassa- mate in Karachi,
had ensured, courtesy Osama bin Laden,
that the Jaish was flush with funds.
Azhar
Masood for his part has pledged a bloody
war against India in Kashmir and, if you
had any doubts about how serious the
threat is, think of the warning which the
Taliban issued to the US and its allies
not to support India on Kashmir. Sulaiman
Abu Ghaith, the AI Qaeda spokesman, told
the Qatar- based AI Jazeera TV network
that more suicide attacks were in the
pipeline in the US and UK, while
cautioning Muslims not to travel by air
or stay in high rise buildings. For good
measure he added: "These storms (of
planes) will not calm until you retreat
in defeat in Afghanistan, stop your
assistance to the Jews in Palestine...
leave the Arabian peninsula and stop your
support to the Hindus against the Muslims
in Kashmir". So Osama bin Laden and
AI- Qaeda have identified the problem in
Kashmir finally as one between Hindus and
Muslims. It has an embarrassing ring to
it. And one gets the feeling that the
most embarrassed by the linkage must be
men like the self-styled Shahi Imam of
Jama Masjid in Delhi whose pro-Osama.
pro-Taliban rantings of the past one week
have upset more Muslims than Hindus.
Jaish-e-Mohammad
changing its colours ? There is nothing
surprising about it. Its a standard
terrorist practice and on that makes it
difficult also to track the
terrorists money trail,
particularly when they are based in
places not particularly hostile. The
terrorist outfits for the most part are
like corporate structures which know how
to cover their tracks. It was very silly
of India to have expected Washington to
readily accept Indian concerns about
terrorist groups like the Harkatul
Mujahideen, the Jaish-e-Mohammad or
Lashkar- e-Toiba. Having accorded
Pakistan the status of a frontline state
in its war against Osama bin Laden and
the Taliban, the least one could expect
of the Americans was to give the
Pakistanis the benefit of the doubt
regarding the character of these
terrorist outfits. The very least they
could have done-and which they did-was to
forewarn Islamabad of its intentions.
And, finally by the time Washington did
half-heartedly declare Harkatul
Mujahideen a terrorist organisation it
had already transferred its assets as it
had on an earlier occasion when it was
similarly named functioning under the
nomenclature Harkatul Ansar. In the case
of Jaishe Mohammad too (never mind
External Affairs Minister Jaswant
Singhs shabashi to the
US on this score) the Americans allowed
sufficient time to the Pakistani outfit
to transform itself into Tehreek-
e-Furqan. Likewise, the Indian insistence
on similar restrictions being placed on
Lashkar-e-Toiba and its parent
organisation the Markaz Dawarul Irshad at
Muridke near Lahore has been hanging fire
for weeks and the Lashkar in the
meantime has changed its name to
Pasban-e-Ahl-e-Hadees. The accounts of
this flourishing institution-the Muridke
Markaz - too must have been transferred
to the name of the new organisation and
thus whenever, if at all, the US decides
to heed Indian fears in this regard, it
would have lost all its significance.
Meanwhile,
Pakistan reeling under street protests
against its support to the US operations
against Afghanistan and Osama bin Laden
has continued to play the Kashmir tune to
the hilt. No opportunity has been lost by
Pakistani spokesmen to rake up the issue.
One gets the feeling that the well
orchestrated noise is also directed at
home crowds, a reminder that the
unfinished business of partition may now
be settled only as a by-product of the
cooperation with the Americans. That may
be why for days before Colin Powell, the
US Secretary of State, turned up in
Islamabad the Pakistani spokesmen had
become hysterical over Kashmir. The
reference made by Powell to the issue
some days back came in as a handy ploy as
did the Under Secretary Armitages
reference as well. As New Delhi sees it,
while stablizing relations with Pakistan
remains a priority, it can only come
about once Islamabad renounces
cross-border terrorism, never mind
whether it calls it jihad or freedom
struggle.
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Is
a mere a or the
the question?.......
Yours Randomly
Dr. R. L.
Bhat
How does
might make the mares ramble! And, on how
small a pretext! Between a central
issue and the central
issue the Secretary of state -it
appears superfluous to prefix American,
eh! -has left the highly tense Indian and
Pakistani peoples happily guessing the
true content of this newest double-speak
on the vexing issue of Kashmir. India is
happy that he has said it is a
central issue and not the central
issue over which the Pak-media and
government went gaga-before Powell added
the confounding or clarifying, article.
And, of course, the Pakistanis are
insistent that he meant what he said
there upon their soil. In the meantime it
is interesting to note that the Powellian
visit came in the old obfuscatory way of
Americans, Pakistan first and India next,
days hours and utterings carefully
measured, to keep the balance
kicking jauntily. One remains a valuable
ally and another a valuable friend; one
is lauded for calling for a role
for America and another is
respected in the path of
bilateralism. Meanwhile both
must keep the American interest
uppermost. Yes, how useful can
careful double-speak be, the
Secretary may be musing in his Washington
suite right at this moment.
Indeed, it
is very useful for confounding all
around. The semantists would tell you
that there is a whole hell and heaven
difference between a and
the. The logicians, however,
would show that it is all much ado about
nothing, this hair-splitting of articles
of speech. They may even call it a
contradiction in terms. For didnt
Euclid show millenniums before that there
was a single center to a circle? That
square truth plainly tells that you
cannot have many central issues in any
circular relationship. There
a or the is
simply irrelevant. But in the political
game shows it is this beating about the
empty bush that makes for all the fun.
Thus, while all the talks and tellings
for the last fifty years indicate that
Kashmir is a talking point between India
and Pakistan, while all the treaties from
Tashkent to Lahore speak of it, yet
Musharraf rode away from Agra in a huff
because Indian side would not agree to
make a specific mention of the
oft-mentioned thing.
There all
hinges upon whether Kashmir is a central
issue or the central issue
between India and Pakistan. And all, at
the same time, are aware that even a
clear choice between which article
to use, would not help in any way because
still there would be the difference
between Indias contention of POK
being the issue in Kashmir and Pakistani
insistence that it is the other Kashmir.
Meanwhile, none seems to remember that
there is more to the state of Janunu and
Kashmir besides the Kashmir that
there is a lot more that is much more
significant in the area, the numbers and
choices there. If Kashmir is central
'a or the, whichever is
Jammu peripheral? Is the sprawling Ladakh
a non-significant part and choice, a
place and people that doesnt count?
Then, there is the question whether the
other Kashmiris are a non-issue because
the Americans must pay Pakistan for
helping it with Laden?
Of course,
there is the mighty question about
terrorism. Even at Agra India was ready
to give Pakistan the central cake if she
agreed to serving, rather not serving
India the dish of terrorism. Musharraf
has since learned that there is terrorism
too around in Kashmir. Americans would
not disagree there, cannot disagree
there. Now, if the issue is terrorism,
there again Kashmir is the central issue,
implying the central issue of terrorism
there. That would mean that
a, the' or
central are all besides the
issue. Probably, Powell knows it well and
threw out phrases that would not mean
much in the real reckoning. And yet give
America a much-needed handle to lever the
sub-continental neighbors well, without
meaning anything substantial.
What the
American meant is only known to him
though a reasonable guess would be that
he said what they have been saying all
the time; keep jostling your heads over
the issue and paving the way for our
intervention. And the people here readily
comply: reading their own intents into
it. And misreading the American purposes
for their ends. Now if that implies that
all these, central or
non-central disputes are of American
making that is not the intention at all.
Not here in this column. For it well nigh
knows that our disputes are of our own
make. They, are our own inventions and
like all inventions canbe used by any
capable being. And we are compounding our
miseries by our own perfidy. Witness the
mirth on certain faces, which become all
aglow on the mere suggestion that America
has agreed to intervene.
There is
even a body of thought that gets happy
-sinfully happy, to tell the truth at the
prospect that there is a possibility of
America taking Kashmir as a colony unto
itself! Like those proverbial cats who
had gotten happy on seeing the monkey
and handed over their cake for a full
arbitration.
Of course,
the cats did not know; they were naive
alright but not raving mad. Our cats are
actually happy that America would eat
this cake up fully and chew out
bits for them to scramble after.
Now who
said that democracy came all too soon to
this subcontinent, but we people through
our actions and intents? They all show we
have not learnt the value of freedom, or
the privilege of choice, or the
appreciation of our identity. Why else
aould we be gleeful that others
rights over us have been
accepted, that others would be
coming to lord it over us, that our
identity and existence mould be decimated
for good?
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MEN
AND MATTERS
Delhi disagrees
with US interpretation
From B L Kak
US Secretary of
State, Gen. Colin Powell, has failed to dictate
terms to the Government of India. The Prime
Minister, Mr Atal Behari Vajpayee, and his
Government had every reason when they disagreed
with the interpretation of Gen. Powell of the
Kashmir issue.
While Gen. Colin
Powells acknowledgement of the centrality
of the Kashmir issue to Indo-Pakistan relations
was clearly an endorsement of Islamabads
stand on the matter, raising the Kashmir issue at
this juncture triggered a strong reaction from
the Government of India. New Delhi has for long
taken the position that there can be no real
improvement in its relations with Pakistan unless
the latter puts a halt to supporting terrorism in
the region, particularly in Jammu and Kashmir.
The only point on
which Gen. Powell seemed to have endorsed
Indias stand was that the long-pending
issue of Kashmir must be resolved through a
dialogue by New Delhi and Islamabad and terrorism
must not have any place in this process. The
Vajpayee
Government became
a bit aggressive after Gen. Powell had let it be
known in Islamabad: "We believe that the
Kashmir issue is central to the relationship
between New Delhi and Islamabad, and it must be
resolved through peaceful, political and
diplomatic means and not through violence and
reliance on force but with a determined respect
for human rights".
MEN AND MATTERS
Suddenly, the US
Administration brought to the fore the issue of
Kashmir, thereby providing a measure of
satisfaction to the military regime in Pakistan.
Gen. Powells statement assumed much
significance in the light of the growing
closeness between Islamabad and Washington. New
Delhi cannot be faulted for the expression of
anxiety over Pakistans backing of terrorism
in Jammu and Kashmir.
What India clearly
cannot accept is the American emphasis on Kashmir
at this point of time in Indo-US relations. US
Secretary of State, in his discussions in
Islamabad prior to his arrival in New Delhi,
avoided underlining the importance of eliminating
terrorism from Jammu and Kashmir. And at no point
of time did he indicate to Islamabad in any
manner the need to stop its support to terrorism
without further delay.
New Delhi has
done well while making its displeasure known to
Gen. Colin Powell on his remarks on the issue.
Gen. Powell could have issued the much-needed
message of restraint and peace to Pak President
and military ruler, Gen. Parvez Musharraf. One
understands, of course, that the US, at this
juncture, needs all the help it can get from Gen.
Musharraf, who, to give him his due, has
virtually bent backwards to give the Americans
the basic amenities they need in their offensive
against Afghanistan.
And that Gen.
Musharraf has done it in the face of
strong-indeed, violent-resistance from within his
country is not something that Washington can
afford not to appreciate.
Indias
genuine security concern over the role of
terrorist outfits active in Kashmir has, at the
same time, been addressed by the West after the
United States and Britain decided to freeze the
assets of Jaish-e-Mohammed. It is this outfit
that had claimed the responsibility of the
October 1 terrorist attack on the J&K
Legislature complex in Srinagar, before the
denial was issued a day later after the Pakistani
ISI raised a hue and cry.
Only recently, the
US had frozen the account of Taliban and Osama
bin Ladens Al Qaeda network. But the
fact remains that for two years since the
hijacking of an Indian Airlines plane took place
in December 1999, Al Qaeda has been
operating in international money market and
possessing assets. Had prompt action been
initiated after the Kandahar hijacking episode
the US intelligence agencies would not have been
working at the possibility of a Jaish member,
Omar Sheikh, transferring 100,000 dollars to
Mohammed Atta, one of the prime suspects in the
bombing of Worlde Trade Centre in America on
September 11.
Now that the West
has finally woken up to the threat that terrorism
can pose to the civilised world, it must take a
unified action in all parts of the world along
with Afghanistan. India has already given
concrete evidence of the terrorist camps that
operate in Pakistan and Pakistan occupied Kashmir
(PoK) and the havoc they have created in Jammu
and Kashmir.
As the sole
superpower in the world, the United States has
now to accommodate the interests of all nations
whose support it has sought in the fight against
terrorism-and not its own interest alone. At a
time like this when jihadis
have renewed threats to trigger a series of
bombings against kafirs,
there can be no scope for double standards that
the terrorists have often used as a reason for
their existence.
Arrogance can have
no definition in this climate of changing world
opinion. If the world is with the US on the
present war, it is because of terrorism and not
for its sheer might. This has certainly increased
the responsibility of the United States, which
has now shown some sighs of accommodating the
concerns of other countries as evident from the
freezing of assets of Jaish-e-Mohammed. Fear of
the unknown is now taking on dimensions that are
becoming a trifle dangerous. Right from New Delhi
to Portland, everything appears to be a threat,
thanks largely to the events that have occurred
around the globe in the last 50-odd days.
Delhi-ites are fighting shy of flying because of
hijacking and crash fears and the police control
room is fighting a battle to try and keep a flood
of hoax calls under check.
Since September
11, police control room (PCR) vans have had to
rush at least 30 times in hunt for a bomb-mostly
at railway stations and airports. Hotels,
marketplaces, hospitals have also figured in
these alert calls. All turned out to be hoaxes so
far. Life in Delhi and some other places in India
have been, in the last few days, dominated by
fears that any powdery substance could well be
anthrax and an indication that bio terrorism was
on.
In Delhi, fears
have been largely restricted to panic whenever an
aircraft banks to left or right during flight or
whenever someone gets up in mid-flight to go to
the toilet. Regular passengers admit that they
unwittingly examine everyone with a jaundiced eye
in flight since September 11 hijacking in the US,
and subsequently the air crash that killed Mr
Madhavrao Scindia and seven others, followed by
the hijack drama recently.
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Kyon
Ke Mein Jooth Nahi Bolta
By Tahir Khurshid Raina
Before my entrance
in the legal profession I was reminded of a very
popular saying about the legal profession that
" The lawyers profession is a
liars profession". However, in my few
yearsexperience at the bar I have found it
a myth. It is not the writ of lie that moves in
this profession but is exclusively based on
skill, art and competency. One thing that people
mostly ignore or they lack knowledge of it is
that every case that gets decided in the court of
law is tested on the touchstone of law framed by
their representatives. It is always subjected to
detailed and meticulous observation and
argumentation of the two opposite legal
personalities with a highly competent presiding
officer to appreciate this legal battle. Finally
a matter gets decided on the strength of law on
the point in debate.
To make the legal
system more manifest and clear the provision of
appeal has also been incorporated. Any party if
feels aggrieved and is not satisfied with the
judgement of the court of original jurisdiction
is well within its rights to agitate the issue in
the superior court by the medium of appeal
and get itself rescued from falling prey to any
injustice depending upon the strength of its
arguments. It therefore appears that by way of
procedure there seems to be very remote chance
for the truth to become casualty and for the
lawyer to get the case decided in his favour at
the altar of truth and justice.
Besides, there are
some other facts as well, which can strongly
nullify and negate this unreasonable belief of
some people about lawyers. Mostly in the criminal
cases this opinion of the people gets some oxygen
to survive but here also what a lawyer does is
highly appreciable. He simply projects the case
of an accused in such an artistic manner that it
has a potential to invoke the help of those
provisions of law, which come to his rescue. As a
lawyer it is his duty to properly search out such
principles of law which favour his client
subjected to fullest rebuttal by his opposite
colleague. Even after that if the lawyer for the
accused wins, it is infact the writ of his skill
and command over the subject that has made the
way and not the strength of lie has prevailed.
Our criminal
justice system is based on some principles, which
have been given due place in it so as to avoid
any inconvenience and injustice to an innocent.
It is in this context a full fledged trial is the
sine qua non of the the criminal
justice system where the lawyers of two opposite
parties put the accused and the witnesses to
different and detailed examinations so as to make
the truth sufficiently visible and glaring and
the real culprit should get punished according to
the law. It is therefore said that " even if
a judge is witness to an offence, trial must be
conducted". Another golden principle is
" let hundred of criminals go unpunished but
no innocent be hanged". Presumption of
innocence is always in favour of an accused and
the burden to prove liability beyond the
reasonable doubt is always on the prosecution.
Thus what mostly happens is that all cases which
come in the court are based somehow on such facts
that they have the potential to get based on
different defensive provisions of the law and the
lawyer by discharging his duties honestly and
seriously gives strength to his case basing his
arguments on these provisions and thus gets the
case tilted in his favour.
Few instances I
like to mention here for vindicating my
viewpoint. The accused who was attacked by a
number of men armed with various weapons,
snatched away a weapon from one of them and
struck him with the weapon causing his death. It
was held that the accused had a right to
self-defense although at the time the deceased
was unarmed. In another case an accused by
shooting at a fowl with intent to kill , and take
it kills a person who is behind a bush. Accused
not knowing that the deceased was there. Here the
accused was not held guilty of an offence and his
acquittal was based on the principle of death by
an accident. In both the instances cited above
the prosecution has made up their cases for the
offence of murder punishable with death or
imprisonment for life against the accused. The
lawyers played their pivotal role in both the
cases and projected their cases by relying on the
favourable legal principles and saved the accused
from gallows. Had the lawyers not played their
role and the persons got punished, it should have
amounted to judicial murder. In both the cases
though the prima facie persons have killed two
innocent persons but even then according to
circumstances law has come to their rescue.
People due to lack ofknowledge about this
background unfortunately come up with the opinion
that it is intact mischief committed by the
lawyers that these two apparently real accused
have managed their acquittal. There are plenty of
such instances which can he cited to prove this
fact that a lawyer simply by dint of his art and
skill prepares and projects the case so
artistically that he may be able to justify his
duty to his client not at all by misleading the
court. He is an officer of the court who owes his
duty to his client to the extent of projecting
his case in the legal perspective. But he also
owes sacred duty to the court as well in giving
it proper assistance for reaching to a just and
fair decision.
Honest, dedicated
and competent lawyers are the most valuable
assets of the society. Their role in the society
is highly indispensable. A true lawyer who has
every day to face a legal battle always remains
busy in honing his skills, which he applies in
the particular case he is handling and tries to
prove his mettle. It is exclusively this way that
the reputation ofa lawyer travels among masses
and in the legal institutions as well. Exceptions
however are always there and they should not be
generalized. To locate a law or provision which
favours his view point on the case and give it a
legal strength is a skill and art which a lawyer
acquires after putting alot of efforts by burning
midnight oil. It is truly in this context that
the honorable Supreme Court of India in S.P.Gupta
case described the status of lawyers as "
priests in the temple of justice". It is a
noble profession, which has an honour to produce
the greatmen of the times who set indelible
prints on the pages of history. Our own country
is highly indebted to them because of their
yeomans service in the freedom movement.
However it is very
sad that for whom they fight to the best of their
capacities and capabilities, instead of
recognizing their lofty services, attribute to
them such slanderous and highly detestable words
"lawyers profession is a liars
profession" or " the bigger the lawyer
the bigger the lie".
(The author
is advocate, J&K High Court Jammu).
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