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

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

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.

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 don’t 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 doesn’t 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. Don’t 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 Azhar’s 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. It’s 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 Singh’s ‘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 Armitage’s 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.

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 didn’t 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 India’s 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 doesn’t 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?

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 Powell’s acknowledgement of the centrality of the Kashmir issue to Indo-Pakistan relations was clearly an endorsement of Islamabad’s 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 India’s 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. Powell’s 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 Pakistan’s 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.

India’s 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 Laden’s 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.

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 lawyer’s profession is a liar’s profession". However, in my few years’experience 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 yeoman’s 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 "lawyer’s profession is a liar’s profession" or " the bigger the lawyer the bigger the lie".

(The author is advocate, J&K High Court Jammu).

 

 



|
home | state | national | business | editorial | advertisement | sports |
|
international | weather | mailbag | suggestions | search |
subscribe | send mail |