Saturday, February 21, 2009

Courts under lockout

It is strange that a section of the general public which has been quick to condemn strikes by lawyers, has remained mute when the courts has been closed after police unleashed violence against the lawyers and assaulted the judges. Courts will continue to be closed on Monday and Tuesday and today lawyers resolved to enter the campus and recommence work on Monday. The State has continued to issue provocative statements against the lawyer community and spread misinformation on the assault on the judiciary without being challenged on why it entered the campus without permission from the court authorities and why its personnel behaved like rioters.


  1. Why should the Police need permission to enter the High Court premises? The High Court is not a sovereign territory? Nor are lawyers above the law.

    Your post is filled with falsehoods: (a) the Lawyers did provoke the lathi charge ... not because they attacked the police (which they did), but because the striking lawyers beat up lawyers / litigants who wanted to proceed with their work. (b) The police did not target judges / intend to beat up Judges. It was unfortunate that the judges got caught up in the lathi charge. The question is what were the judges and especially the Chief Justice doing waiting for this event to happen? Shouldn't they have acted with a firmer hand against the violent lawyers? (c) the damage to vehicles, buildings, etc. could very well have been the handiwork of lawyers as well as police. There is no proof either way.
    The rest of your points are essentially answered above.

    Why is no one talking about the murder in Egmore court premises? Have the lawyers involved been prosecuted? No. Why? Is it because lawyers are above the law and judges are afraid to prosecute them?

    The more fundamental issues are why are the lawyers (a) supporting the LTTE which is a terrorist organisation banned in India; and (b) oppossing the amendments which benefit litigants, simply because it reduces the lawyers fees?

    Most important why are the striking lawyers preventing others who want to work from doing so? Its become clear to everyone that the lawyers are nothing more than goondas who are not interested in the law, leave alone justice.

  2. The comment seems to be posted without understanding the situation. How is it even possible for the lawyers who are unarmed to have indulged in property destruction, especially with armed police at their heels.

    No one says lawyers are above law. It is unfortunate to make generalised statement about all lawyers without being aware of all facts.

    In any event, the violence was totally uncalled for and it cannot be condoned under any circumstances. Innocent lawyers, court staff, and even a judge have been beaten up mercilessly. While the lawyers are not expecting pity from the general public, do not turn the blame on them for being a victim of situation.

  3. let me add to what Thenmozhi said. The person who made the first comment, obviously does not know the facts nor the law but is not intimidated from holding his opinion irrespective of this fact. Unless there is a cognisable offence occuring within the campus, the police need to take permission to enter the premises. Otherwise the police could overrun the courts and intimidate people from filing cases against them.
    The amendments which lawyers were protesting against relate to the criminal procedure code and dont relate to court fees. Lawyers are protesting not because they are going to loose briefs, which they are not, but because these amendments are going to make inroads into the rights of citizens.

    Lawyers are always at the forefront of struggles, whether these struggles are things you agree with or not. When journalistic freedom is at stake, it is lawyers who speak out (eg. when those at the Hindu faced imminent arrest under the previous regime) or when politicians (whom you must certainly dislike, given your opinions) like the present Chief Minister was arrested (or did he merely raise a storm in a tea cup when he was arrested under a warrant at his residence) it was again lawyers who raised their voices when all other voices were subdued. It is lawyers who raise their voice against corruption, against abuse of power and a host of other things that may of you are scared of raising for fear of reprisal. On facs, please check with the judges who ran for their lives, ask litigants who were beaten by the police and ask shopkeepers who bore the brunt of police brutality that black day in February, which shall go down in history.

    Please see footage, seek eye witness accounts and verify facts unless you are the kind you believes that facts and truth should not interfere with opinion.

    We dont ask you for your support for our sake. If you value your freedoms which are guaranteed by the Constitution of India (many lawyers participated not only in the freedom struggle, boycotting courts and british goods but also in the drafting of this document) then you will raise your voice, not just to support us but in order to ensure that your voice is not stifled tomorrow.

  4. The person who made the first comment is a Police or their kai-cooli...who said there is no proof for the damage to vehicles, buildings, etc
    by Police..???Comedy..

  5. The unnamed first comment holder, (Does not want to let the world know who he is) sorry to say that you neither know law nor facts. I pity you. You should understand that when a lawyer boycotts court he does not enjoy any benefit. If we don’t go to court we don’t get our fees. So, please understand that we always fight for a better society. The amendments for which the lawyers are objecting are detrimental to public. Listen, if some of these amendment comes in you will have to live only at the mercy of the police.

    Look into the history, if not for the lawyers you would still be a slave under the English rule. Remember that Gandhi was a lawyer too. He got the sprit of fighting against injustice only after becoming a lawyer.

    Lawyer’s were only agitating against the genocide. If one is going to follow the ideology ( coward’s ideology) “I am least bothered of what is happening in the next house. I shall live my life”, please remember that your next in line to lose your freedom. The Lawyers stir are not on selfish note and hence the response is more.

    Your allegation that lawyers provoked police is at the outset rubbish. There was no provocation as such by any lawyer. As the nameless first commentator says where is the proof for the same. Who are police? Are they to maintain law and order or get provoked and behave unruly? Have any one after independence seen the police lathi charge on the heads. They behaved like the terrorist Kazab. ( He has said that his instruction was to kill as many as possible. Here the motive was break as many head as possible). If would be utter foolish to even think that police attacked the judges, courts, judge’s chamber, tables and chairs in the court etc., because the lawyer’s provoked them. ( The damage caused to the court property is so much that city court and small causes court could not be opened before march 2nd. )

    Mr. Nameless, goondas are in khakis and they name them selves as police. We can persons who attack innocent people and public as goondas. Which lawyer has done so? We call the person who tears the dress of a lady as goonda. Which Advocate has done so? We call the person who destroyed property of innocent public as goonda? ( nameless kindly see the slides and the TV news clips in Makal TV you will see who is destroying the property do you need any more proof).

    Friends at the Bar we shall stand united. We have now the responsibility of bringing out the true facts to the public. We shall expose judicially all the atrocities. We shall hence forth expose all the corrupt people to the court. Let justice alone prevail.

  6. The incident which took place in the High Court premises is being portrayed as a
    conflict between lawyers and police. A portion of the media has also picked the
    same line without verifying the facts. The issue is not one of a conflict
    between lawyers and police but simply one of police excess.

    When the police had been asked as to why they had not interfered and had been mute
    spectators when a law college student was beaten up within the law college and
    even near the gate entrance, the explanation given by the police was that they did
    not have permission to enter the law college from the Principal. The fact that
    a cognizable offence was being committed in front of their eyes did not make
    them budge. Their only excuse being that as sanction was not being accorded to
    them to intervene by the Principal they would not stop even if it’s a crime
    happening in front of their eyes. Whereas take the incidents which happened on
    the High Court, though there was no offence being committed the police were
    able to summon a Swift Action Group/reinforcements and assemble them in High
    Court without seeking permission/ or even consulting with the Acting Chief
    Justice or The Registrar General. There was absolutely no incident which
    happened on the premises which mandated the presence of a special protection
    force which was armed with huge sticks and protective clothing.

    The fact that a swift action group wasassembled within the High Court premises without permission from the Acting Chief Justice and literally let loose on the campus clearly marks the premeditated nature of the attack. Apart from the attack on lawyers the Police damaged cars which were parked there, caused damage to the High Court property, disrupted Court proceedings and attacked lawyers inside Courts.

    The Police have come up with a version that provocation/violence was from the Advocates. The premeditated nature of the attack is borne out by the fact that stationery cars of lawyers and litigants were damaged. Surely there was no provocation from the stationery cars.

    The issue for concern is that if such police excess can be carried out against the lawyer community and sadly the Judiciary, one really wonders what kind of police excess will be carried out against any other group or individual and what kind of resistance they will be able to provide to such excess.

    From the letter given to the Chief Justice of India (on the blog) it is seen that the Judiciary has reposed faith on the same police force which attacked the Court. Such an action seems to show either an over reliance on the State Government/ Police or helplessness on part of the Judiciary. The fact remains that for the marginalized/poor in our society only the Courts have provided legal recourse/ safety from police excess/inaction. The maintenance of peace, law and order vests with State therefore Judiciary generally would have no option other than entrusting the job to the State. But the action of the judiciary in reposing the faith even after the attack on the institution immediately is a great cause for worry. If the Courts themselves are subject to police excess and have no other recourse but to rely on the same police for safety then it raises the larger issue of Independence of the Judiciary.



    IN the matter concerning the atrocity
    of Police on the Judges, lawyers
    and litigants within the High court campus.


    1. K.P. Jain, IPS
    Office of the Director General of Police
    Kamaraj Salai,
    Madras. 5

    2. K. Radhakrishnan, IPS
    Office of the Commissioner of Police,
    Egmore, Chennai. 600 008

    3. Ramasubramaniam, IPS
    The Joint Commissioner of Police
    North Chennai

    4. Sarangan
    Office of the Deputy Commissioner of Police
    North, Madras. 600 001 …Respondents


    I, R.Poornima, daughter of RAmamurthi, Hindu, aged about 28 years, lawyer by Profession, working at 164 Linghi chetty Street, Madras, do hereby sincerely state and solemnly affirm as follows:-
    1. I am a lawyer practicing in the Madras High court. The present atrocity by the police on the innocent, hapless and weaponless lawyers is the subject matter of concern that attracts not only the attention of the community, but now looked by the entire world. The Indian as well as the foreign press had initially espoused the cause of the lawyers, but later on stifled not to speak on the subject on account of political interference. Very few will attempt to speak the truth before this Committee as none would want to voice against the press. Since I feel one should keep the Committee informed of all the aspects of the case, I am bound to place all materials without fear, favour or suppression of material facts.
    2. ON 19.12.2009, my case was listed before the Hon’ble Chief Justice and Sudhakar JJ at 2.30 P.M. While our case was going on for sometime, we heard a loud noise. When I rushed out I was shocked to find several hundreds of policemen chasing the lawyers. I rushed into the court only to be chased by the policemen wielding stones and sticks/batons. While I thought of moving out of the Court through the entrance on the North fort road, I found the gate locked. I had again started moving towards the old building once again to be chased by the policemen. From 3.15 P.M. till 4.30 P.M. I was under the threat of being injured. Fortunately, my colleagues, Mr. D.J. Venkatesan, Bala, Jayaprakash and a few of our colleagues accosted me to safety.
    3. It was a nightmarish experience. Never in the History of the Madras High court or any other Courts will a lawyer or a citizen be exposed to such danger. Not the entire community of lawyers, citizens and the staff of the High court, city Civil court or Small causes Courts, are accused of any criminal offences. The need for 2000 odd policemen could be explained only by the Commissioner and the Director General of Police. My parents have even demanded of me to keep myself away from the courts. They are not weak knead individuals. My father is an income tax officer and had faced several perilous situation. However seeing the attack on the lawyers “live” on television, he had almost suffered an attack. His fear increased when I could not even respond to his calls over my cell phone.
    4. Some of my colleagues, viz., A. Shanmugapriya and Bala (son of a subordinate Judge) were recalled to their home town. ON seeing the television their parents have come to an irresistible conclusion that High court premises are not a safe place to practice. Right to practice is a constitutional guarantee and the Police force had behaved brutally virtually humbling every right thinking citizen to seek for alternate employment. ON seeing the television, the express Newspaper had reported that 49% of the citizens do not want their children to pursue law.
    5. I state that there are nearly 6000 lawyers who are practicing in the Madras High court. ON any given day not less than 2000 lawyers would be found in the campus. Nearly 5000 staff are working in the premises, including High court, City civil court, Small causes, family court and labour courts. The incident that took place on 19.2.2009 had left an indelible impression that police is capable of wielding attack even from unprovoked corners. I did not do any harm to the police or did any act unworthy of a professional. Why should I scurry for safety and run away in the middle of an argument or still, the court abruptly quit hearing of the arguments when serious issues were being considered.
    6. The Police appear to shamelessly disown the events that had taken place on 19.02.2009 by diverting the issues. The police did not pursue any criminal while entering the High court premises nor did they logically reach the court halls, the registry and other places of work, including prohibited areas while they gain entry into the High court complex. Neither did they chase an accused who is a lawyer. The entire case of the police rest upon 109 cases registered against advocates. None of the accused advocates were really victims in respect of incident that took place on 19.02.2009. On the other hand the police are referring to are not even practitioners of the High court, Madras. When the police is called upon to explain as to why they gained entry on 19.02.2009 and attacked innocent lawyers and members of the public they seek to justify
    (a) that on 04.02.2009 Bank of Ceylon was attacked in which 3 lawyers were involved.
    (b) That a cycle shop had been damaged on 29.01.2009 in which 23 advocates were involved.
    (c) The Register General had lodged a case against handful of advocates.
    These are factors that could hardly justify 2000 police entering the High court complex damaging the cars, two wheelers and other valuables. It is not as if these policemen were behind the accused and was seeking to apprehend them. If that be the case they need not have in an outlandish manner break the windscreens and use force on the other parts of vehicles damaging beyond its recognition.
    7. It is unfortunate that responsible Police officers as well as the State fail to know their duties and commitments. Instead, they allowed the 15 persons posing themselves as lawyers and had got the Court to disrepute. I fail to understand the purpose of the Policemen in the campus, if they are unable to sense a conflict in the future and act appropriately to avert it. Either it should be lack of intelligence or deliberate act of negligence that was the cause of the unsavoury incident that took place in the Court. The former is remote as the police outnumbered the lawyers. IN any case, the careless men should be shorn of their uniform. This unsavory incident was flashed on papers. It was condemned by the lawyers and the Court alike. We also did not spare those responsible for the incident. ON the part of the Hon’ble Chief Justice he had also initiated appropriate proceedings to ensure that such incidents do not recur in Courts. The 2nd and 3rd respondents have stated that they had met the Hon’ble Mr. Justice S.K. Mukhopadhyay and apprised him of the factual scenario.
    8. The aforesaid incident had resulted in filing of a case against some persons who had indulged in the acts of violence. While no person can approve of violence taking place inside the high court, it is relevant to point out here, that the High Court has taken on file a writ petition and had issued notices to all associations for the hearing date on 11.03.2009. Even at the time admission the Hon’ble Acting Chief Justice pointed out that he will not conduct the courts with the help of police. After the public interest litigation case adjourned to 11th of March, 2009; the advocates dispersed from the Chief Justice court and the courts have started regular functioning. Even while the matter was heard by the Chief Justice, the other courts were happily disposing the matter and the lawyers have filled the Court halls to achieve the purpose of their career and profession. Without fear of contradiction, the entire community is not happy in going for a strike even for an hour. Sometimes human rights violation, wherever they are, are to be brought on record. Only responsible and able men could do it. The members of the Madras Bar are known for their fearlessness and lion heartedness. They have espoused the cause not only now but had used their education and wisdom even prior to independence.
    9. A glance of the independence movement will abundantly show that this Association, with which I am associated, had produced the maximum number of freedom fighters. They were public spirited and at the cost of the professional income sought for restoration of the dignity of their fellowmen. Many of them have thrown the “titles” offered by the Government for the sake of their cause. It may not be out of place to mention that Mr. Chandru, the Hon’ble judge of this court, had espoused the cause of public and many a time had called for boycotting the courts for public cause. The requisitions made by these Hon’ble men abounds the files of the Association. These facts are highlighted to show that this Association had always responsibly and not with any hidden agenda, then and now.
    10. The issue before this Hon’ble Court is the unwarranted attack by the Police on the lawyers, press, litigants and the Judges. Any “person” with a White pant and black/white trousers were attacked. A black coat added to the woe in securing more blows. This fateful incident was shown “live” by many of the channels. The Commissioner of police had responded to a question as to why a Judge was beaten litigant saying that he was wearing a black Coat. This answer of the Commissioner proves he had no objectivity and his men were faithful in following him. The divine grace of ratiocinating is exclusive to the humans. Falling from and abandoning the use of faculty brings harm not only to self but also to the rest of the community. This is precisely what the Commissioner of Police and the Director General of Police along with his men had performed in this case. He had brought misery to the State administration, dishonoured the edifice of the Court and mercilessly beaten the poor and hapless lawyers, many of them still in hospital.
    11. Here again, it is pertinent to point out that the Hospitals run by the Government without giving treatment to the injured had got the discharge summary prepared. This caused apprehension in the minds of right thinking people. One of the Hon’ble Judge Mr. Sudhakar had directed the doctors to behave in a manner befitting their profession and thereafter made arrangements with one of the multi specialty hospitals, Viz., Apollo and group of Hospitals at Madras. But for his intervention some of the lives would have been lost.
    12. The policemen under the control of joint commissioner Mr. Ram Subramanian, called upon to provide security to the court had acted savagely, unruly and in an undisciplined manner. The State police force had in short lost its mind. Even a mad person would have behaved better. I was sitting inside my office attending to work at about 2 pm I came out of the chambers for having my lunch at that time I found all the gates of the High Court were closed by the police led by respondents 9 and 10. The closing of the gates of the high court without authorization of the Registrar General or the Hon’ble the Acting Chief Justice in writing is an act of contempt. Unfortunately, even these fundamentals appear to have lost relevance with respondents 7 & 8.
    13. I state that heated arguments were going on between a few of the lawyers who were sought to be arrested in the aforesaid Subramanian Swamy case and the police. This grievance is between a handful of lawyers and the police. They were hardly 15 in number. It does not require 2000 odd men in uniform to control of the 15 lawyers. Getting a force of 2000 to quell a probable attack by 15 is nothing but an act of indiscretion. Mobbing the area with policemen is done with a planned purpose of creating unrest in the community. It cannot be done without the knowledge of the Home Minister the Home secretary and the Chief Secretary. Be that as it may, if for 3 long hours they claim to know nothing of the attack on the High court not only it is regrettable, but leaves an impressionable doubt as regards their ability to manage the State.
    14. I am pricked by the very fact whether the Chief Secretary and Home secretary could even plead ignorance of the events that is taking place at a stone throw distance. Only a deeper probe will get the culprits to light. Continuing with the issue raised in the writ petition, while things are already under control, the Rapid Action Force personnel entered the High Court. They started indiscriminate violence and indulged in total rampage. The cars that were parked in designated parking places were systematically and deliberately broken. All along the senior officers were in the scene. They were unsparing. One of the senior officials could be seen moving with a baton and shield to attack. This act of “valor”, if shown on the rowdies and antisocial elements would have been appreciated. There, these men took to their heels. For once, their baton hit, but the target was wrong.
    15. The joint commissioner of Police Chennai, North, Mr. M. Ramasubramani encouraged acts of hooliganism propagating the cause of the ruling party had started airing in its “flash news” the news of attack on lawyers. The 2nd respondent pleads ignorance of the events that were taking place at least from 3.P.M. and had claimed that the attack is in response to the torching of the Police station. This took place around 5.30 to 6.00. P.M. The commissioner had been dabbling with words without knowing the implication of his action. Irresponsibility had reached its peak on this occasion. The commissioner of Police has gone ahead stating in the Press meet that he was not aware of the police rioting till 6 pm. In other words the commissioner of police who is supposed to be the “top cop” of the city has been deliciously ignorant of the events that are taking place hardly 3 kms from his office. Less said of this official is better. If the statement of the commissioner is accepted on its face value, it is clear that he was not aware of a police build up inside the high court. He was not aware the high court administration had not granted him permission to enter the premises. He was not aware of his officers going berserk. He was not even aware of why excessive force was being used on lawyers and judges alike. This statement of the 8th respondent should only entail in ripping him of the post as well as a member of the Policing.
    16. The innocent men who were attacked, includes, Mr. J. Raja guru a 78 year old person in charge of the association library and Mr. Arun, his assistant. Both of them were inside the library. The latter’s skull has been broken and he is now undergoing treatment at First Med hospital, Poonamallee High Road. After systematically breaking the air conditioners, stained glass, glass cupboards and doors, television, the ruthless mobs, who were acting under the guise of police power, broke into the court hall of the third court of small causes judge. After breaking the doors, they beat up the news correspondents, court staffs and lawyers who were inside the court. Neither Rajaguru or his assistant nor the media persons wore a black coat or white pants. I am only proving that the 8th respondent is wrong again in his statement that “men in coats” alone were attacked. I state that while one group of this senseless action group were attacking the staff and litigant public in the small causes court, another set of ruffians headed by the 9th and 10th respondents stormed into the Additional City Civil court premises. Under direct instructions from the 9th and 10th respondents, the lumpen elements attacked the female lawyers who were inside the family courts. When protested by a female lawyer her modesty was questioned. Languages jarring the ears were employed, leaving the lawyers and their clients stunned. It gives an impression that the entire police force was roaming with the bio data of all the lawyers in the campus. My Colleague, Mr. Sankar, nearly 60 years old, and a retired employee of the High court, had suffered a heart attack on witnessing the incident. With great difficulty he had escaped from the field wherein the uniformed hooligans targeted the lawyers and the innocent citizens.
    17. The attack on the ladies within the family court was also without any provocation. Even the defender of the indefensible, viz., the 8th respondent, did not allege the women lawyers indulged in acts of violence and pelted stones at his men. No footage or television cameras showed such women in bad light. Why they were attacked still remains unexplained. The end result of the attack would have made the leader of the “football gangs” in Europe proud, nay; he would want to be a student of the respondents and learn a few tricks in arson and looting and implement it in their place.
    18. I state that the uniformed lumpen elements pounced on the women lawyer causing severe bodily injuries; Not even a sitting judge of the High Court Mr. Justice Arumugha Perumal Adityan was spared. He was deliberately hit on the head despite the lawyers warning the police that he is a judge of this Chartered High court. Valiantly, the judge offered to receive a few more blows if it could satisfy the police and would persuade them to quit the premises peacefully. Only men of his class could restore amity in a peaceful way. It is a happy sign that Gandians’ are still alive. This was also shown in the television channels, barring SUN TV and Kalingnar TV, the unauthorized spokesmen for the ruling party. (The Arson in Dinakaran newspaper office brought the breach and ripped one of the associates of the channel of a post, but the act of burying the “press dharma” brought the family together. I would not have narrated this aspect but for the selective reporting and distortion of the events later on. Act of editing and scientific dissemination of false information attempted to exonerate the criminals).
    19. The lawyers, who had accompanied the Hon’ble Judge, were brutally assaulted. But for the lawyers who bore the brunt of the lathis, we would have lost the judge as well. In case, the committee has any doubt it may as well speak to the learned judge on the subject. He was not only a witness but a victim of it. The uniformed hooligans then proceeded to do their “good work” by shifting their location to the 2nd floor, a move akin to the movement of the terrorists in Taj Mahal hotel, Mumbai from the first to the other floors. Like their counterparts from Laskhar-E-Toiba, the terrorists continued their act of destruction. Like the terrorists, the indiscriminate violence continued. They police attacked the lawyers and court staff who were performing their duties inside the V Additional City Civil Court. Another splinter group of the uniformed rioters turned their guns to the High Court premises. They entered the personal assistants section situate in the ground floor of the high court. The Appeal examiners section was also not spared. The ferocity and extent of the violence shows the Rapid (Rowdy?) Action Force was intent in only instilling terror in the minds of the officers, lawyers and the public.
    20. An attitude which should be put down with the iron hand of law and cut down with the sword of justice held by the goddess. The horde thereafter attacked the drivers of the Hon’ble Judges, broke the back of the personal assistant. Yet again, the explanation is that he wore a black tie and coat. (High time, an alternate colour for the court staff is suggested. This explanation by the police is unacceptable, as the drivers were in their usual uniform and could be identified easily from the rest.) These are the few instances which I am brining to the notice of the court. The instances of violence are too many to be compressed in an affidavit.
    21. I state that while all these are documents and televised, the respondents 7 and 10 without any application of mind or verification of facts had given statements as if the Senseless Action Group had taken action only against those who were indulging in violence. This reflects the willingness of the said respondents to protect the camouflaged criminals at all costs rather than performing his duties as an upright member of the Indian police service. The entire area looked like a battleground and the judges were seen running into their chambers. The bleeding and injured lawyers were taken care of by the Judges in the anteroom and chambers. The room was filled with men fearing the blows of the uniformed goons. Except a handful, many of them stood bleeding in the chambers of the Judges and were later rushed to the Hospitals. The policemen without even knowing that the judges chambers lie in prohibited areas pursued their way to apprehend the injured and innocent. It is not known where their valour went while the elections were held for the Municipality and the by-election at Thirumangalam.
    22. The Police men, unworthy of their office, had gone ahead breaking the computers, glass panes, doors and every conceivable furniture’s that were sighted by them. They entered the judges chamber in the City civil court and shockingly took them to task. Their staff were not spared. Lawyers who sought refuge under the table were pulled out and beaten. Mindless and senseless act was in the fore. It looked as if terrorists in uniform have perched themselves in the Court compound to display their “valour”. It is truly shocking that the police had acted immoral, unethical and knave. They have turned their ire against the common man and attacked the litigants and respectable citizens in the court without justification or provocation. Several persons who attempted to pacify the police and infuse sense in them were beaten unawares. While one of the lawyer was having a dialogue with the police another policeman from behind attacked him from behind and injured his skull. These were shown on televisions. The police burnt their articles and thereafter charged the lawyers and the public. Some of the policeman were testing the strength of the steel and irons that constituted the motorbike and cars with their lathis and they were also successful in damaging them. The window panes in the courts, the doors and glass fittings, the computers and various other valuable articles were broken.
    23. The irresponsible commissioner of police and the Director General of Police, Mr. Jain did not chose to inform the public as to whether the immobile cars, the inert doors and the lifeless windows and working computers and other inanimate objects lying in the court posed serious danger to law and order that prompted violent force to quell their stubbornness. It is unfortunate that the Indian police service had chose to blame the public after having allowed its men to go on a rampage. Pathetic, is the fact, the Director General of Police had issued shoot at sight orders for one damaging the public property, when his men had been the cause. If any person who is required to be controlled, annihilated and perished, it is those uniformed men present in the High court campus on 19.2.2009.
    24. As stated earlier, the lawyers were dispatched out of courts with vehemence and the litigant public was beaten and the press was maimed by the respondents. As usual a handful of “dailies” had decimated wrong information at the instance of ruling party and the government, otherwise the advertisement that frequent their office would be lost. Some of the newspapers deliberately misinterpreted and concocted tales for a few pennies that would flow to their coffers. They have mortgaged their conscience and overlooked the fact that several of their reporters were brutally attacked. In fine, what took place on 19.02.2009 is an arbitrary exercise of power by an autocrat, poorly orchestrated and badly exhibited. The rule of law had lost relevance and all democratic principles were thrown to winds.
    25. I respectfully state that the persons who stood at the police station are not leaders of the bar, they were complainants. If the complainants have gone over board there are ways to deal with it. Charging the entire community with lethal force is no solution. If the principle had to be accepted then the commissioner of police should demit his office for corruption that takes place in his department on regular basis. The commissioner of Police had been oblivious of what is happening around and had less time to attend on public. He has no time even to ensure whether the police station functions in order. Several cognizable complaints go unregistered and unchecked and repeated complaints to him are shelved. Spate of complaints are available on the courts file calling upon him to register the cases. The irked commissioner instead of answering the call of duty had set his ire on the lawyers who are desirous on setting his home on order.
    26. In reality the police force goaded with malice and for extraneous reasons engaged themselves in act of brutalism. If to check 15 lawyers thousands of policemen are to be requisitioned, this by itself shows that the respondents 7-10 lack faculty of assessment and are unfit to hold any responsible office. Any money paid from the public exchequer to such men is nothing but colossal waste and deserves to be recovered. The respondents 7 to 10 along with their men have committed cognizable offences which attract the provisions of section 15 of the unlawful activities (Prevention) Act, 1967 as amended by Act 34 of 2008. Malice is writ large, and this would be evident from the abnormal conduct of the police
    a. contrary to the normal rule of quelling the belligerent mob of aiming the legs, invariably the head and shoulders were the target.
    b. Injured admitted in the Government Hospitals were called upon to be discharged summarily without treatment,
    c. Complaints lodged against the policemen were not registered
    d. The judges and the lawyers were kept at bay. Policemen entered the chambers of the Judges and lawyers and continued with their onslaught.
    e. Broke the public properties indiscriminately and pleaded it was one in response to the strike of terror
    f. Attacked the press covering the incidents and ensured that none of the judges were able to move out of their chambers till at least 7.30 P.M.
    g. Closed all the gates of the High court and ensured that none left without being harmed by their lathis/batons.
    The idea of the SAG is to strike terror in the minds of the persons who were assembled inside the High Court. Had they stopped with arresting the individuals concerned without going ahead with indiscriminate violence, the constabulary can be said to have acted within the pale of the law. However, they had without any provocation attacked one and all and damaged the property. The intention of the so called Rapid Special Force and the respondents 9 and 10 was to attack the institution of the high court and instill fear amongst lawyers, judges and the members of the public who were inside the court. They had also damaged the prestigious institution and attacked a constitutional office.
    27. These acts attract section 15 and 16 of the aforesaid legislation and therefore, the acts require immediate investigation by the National Investigation Agency. This is apart from the ordinary offences of looting, rioting, attempt to murder, causing grievous hurt, trespass and thuggery. The new legislation has been made to tailor made the situation in Chennai because the god old Indian Penal Code is followed only in its breach by the Madras Police rather than its observance.
    28. I state that to add insult to the injury, the officer in charge of the police station, B2 Esplanade Police station is refusing to receive the complaint lodged by me. It is a total failure of the law and order situation. It is well known that goons will always act contrary to law but it is expected the police will register a complaint against the goons. When the police themselves have committed the offence, it is surprising that the other police officials are supporting them by not registering the cases. It shows the deep and pervasive command that the DGP and the Commissioner of Police have over their rotting law enforcing structure. Their subordinates not only violate the law but those who are to register the cases will not do so. Even during Hitler’s regime, the Police put up a show of registering cases. No such “fig leaf” for the present commissioner. He does not believe in make believe situation only in back beating ones.
    29. I state that the Court has also directed the registry to receive the complaints on the damages caused to the property of the lawyers and the public. That alone is insufficient. What more is required is to prosecute the law breakers in an appropriate manner. While penal provision awaits the wrong doers, the High court’s dignity had been sullied by the men in uniform. The facts narrated above show without contradiction they have committed acts that had brought down the reputation, regard, dignity and majesty of the Courts. It is not an attack on lawyers alone, but of an institution, which had been created to uphold the Rule of law.
    30. CONDUCT OF THE JUDGES AND THE REGISTRAR IS ALSO NOT WITHOUT BLAME. THE HON’BLE JUDGES OF THE HIGH COURT SHOULD ALSO SHARE THE BLAME IN NOT RESPONDING TO THEIR CONSTITUTIONAL OBLIGATIONS. A JUDGE OF THE COURT SHOULD HAVE KNOWN THE LAW BETTER. ON the incident that had taken place on 19.2.2009, the complainant should have been the Registrar General Ms Mala, for and on behalf of the High court. Merely because she is an aspirant for judgeship, she need not have spared the policemen and the atrocity that had been committed on that date. She has a duty to report before the concerned police station and had a case registered against the errant. She should not have been deterred by the fact the aggression had been at the instance of the Commissioner of Police and his unnamed superiors. Why no action was taken till date had not been disclosed. It remains a mystery.
    31. ON the other hand, she had gone about lodging complaints against all and sundry. If a person who is keen to become a judge of the High court goes on leave when the Court is on flames, I doubt whether at all responsibility could be shouldered on her. We do not require weak knead and chicken brains to occupy a chair that demands men of worthiness, character, boldness and truthfulness. While I have all the praise for the judges of the High court who have stood by the lawyers at the time of distress, I am equally pained they have also failed in their duties. Without naming the judges who have been attacked by the policemen, sufficient to point out that the visual media were showing the pictures of Mr. Arumugaperumal Adityan being beaten by the police. Why the learned judge did not chose to lodge the complaint or the Acting Chief Justice for and on behalf of the body of Judges, remains inscrutable. This reveals that the judges are not keen in invoking damage that are done in their presence and to the premises wherein they were called upon to sit and discharge their function. If they are not able to protect the property of the High court, I am of the firm opinion that they are incapable of protecting the honour of the citizens and respect their Constitutional obligations. Less said is better.
    32. ON 26.2.2009 and 27.2.2009, the Registrar General had allowed the Government officials to gain entry into the premises after 8 p.m to repair the premises. This is done to efface the evidence that Your Lordship is requested to assess by the Supreme Court of India. The illegal action of the State with the connivance of the Registrar General of the High court raises a lot of doubt about the genuineness and fair play and leaves much to be desired. While the action of the officials of the High court in doing away with the evidence amounts to penal offence, the manner in which it is done also exposes them for being proceeded against for contempt of Court.
    33. I would therefore request the Hon’ble Mr. Justice Srikrishna to take remedial steps and to submit a report that the incidents do not recur in future in this free and Independent Country. My prayer would therefore be to;
    i. direct the High court to initiate penal action against the respondents and the Swift Action force under the Indian Penal code and further recover the damage done to properties of the State and the public from them by this committee
    ii. Remove the Police station from the court campus as well as the State security for the judges as the policemen are idling their time and get paid from the citizens blood and sweat that fill the State coffers.
    iii. If need be, direct the Central police force to offer protection to the judges
    iv. pass such further or other orders and render justice.

    Solemnly affirmed at Madras this the 28th
    day of February 2009, and signed his name
    in my presence. Before me,

    advocate; Madras


    Public are under the impression that the lawyers are boycotting the courts for their pleasure. So I wish to make it clear that the advocates act of boycotting the courts are selfless act. I would like to state that we lawyers are always pleading for public as they could not raise their voice. If we trace history it was the lawyer community agitated for freedom and condemned all the harassment of opposition parties by rulers and brutal illegal attacks on the people. Even the boycoting of courts by the advocates for Cr.P.C amendment is not for the benefit of the lawyers. It was because the amendment causes hardship for the public for not arresting the accused persons if they commit offence punishable below 7 years. So either the police should let off the accused scot free or they have to implicate the accused for an offence punishable over 7 years. So the general public cannot understand the implications of the amendment. If the free hand is given to police what would happen. The people who had gone to the police station either to give complaint or as an accused can understand can very well understand. So the advocates considering the possible harassment at the hands of the police people the advocates have boyecotted the courts only for one day as a token.
    The other cause prompted the boycotting of the courts by the advocates was to contemn the genocide of the srilankan tamils. Now a days people used to think that if anything happens in the next door, we are not concerned with it. But the legal community cannot shut their eyes. As I said earlier, legal community always fight for the cause of others. We cannot simply ignore the happenings in Srilanka which is being carried out at the behest of our Central Government.
    So prompted by the instructions of the
    Central Government, the State Government has directed the police to deal with the advocates. The police who considered the lawyers have committed the vandalism and attacked the entire judiciary. The act of the polce on 19.2.2009 was a preplanned. On 19.2.2009 around 10 am we found nearly 200 police personnel were deployed on the gates of the Highcourt. Smelling the untoward happenings prominent people had escaped from the scene. But the police authorities have attacked the innocent lawyers including the lady advocates, High court Judges, staff, litigant public, Subordinate Judges and also damaged the buildings, vehicles and the men and material found in their sight. In what way it is correct.
    Think twice before blaming the advocates.

  9. For all said and done the police have beaten the advocates and caused loss to their properties. Each and every police officer owns more than one house either in their names or their kith and kin. They have also purchased hundreds of acres of lands.
    So the lawyer community has to form a committee to trace the present wealth of the police officers and recent purchases with the help of our other District Associations who can easily gather the information from the constables who would definitely give clues against their officers and initiate various legal actions under the disproportionate wealth provisions.
    We may also file civil suits against individual officers claiming compensation for the attack on the judiciary, body and person and properties of the attacks claiming crores of rupees.
    Then only they can realise what the lawyers community can do for them.
    Our various Associations should form a committee to find out the disproportionate wealth of the various police officers atleast 100 of cases should be filed.
    Inujred Advocate.