Cuttack: There was no winner, nor any loser in the over two-month-long standoff between lawyers and police while the damage it did to the general public cannot be compensated, the Orissa High Court (HC) observed while delivering its order on the contentious issue November 14.
Giving the order on the case pertaining to the alleged police assault on a practising advocate and the subsequent cease work agitation by the HC Bar Association, Justice CR Dash held out some advice to lawyers and police with regard to their duties and responsibilities.
“The dignity of a lawyer is everything to him. The dignity of the court also depends on the dignity of the lawyers in society. If the dignity of a lawyer is lost, everything is lost to him.”
According to Justice Dash, a lawyer must be a man of dignity and disciplined nature. “A lawyer must command respect in society. He must be wise, logical and courageous. A lawyer must have all human values like compassion, empathy and love for truth and justice. If one claims himself to be an advocate, he must ask himself whether he has any of the above qualities,” Justice Dash said.
The judge also put emphasis on maintaining the morale of police personnel. “Morale of the force, according to me, is the prime mover for the police personnel to act against injustice, control law and order situation and to fight against the criminals and the extremist elements. If the morale is down, there may be anarchy in society,” he said.
Justice Dash opined that though the police system is a necessary evil for a developed society as per the Lassiez Fair Theory, the police force is required to preserve law and order and to provide security to people. “Police are necessary to provide security to us, so that we can live peacefully and enjoy our liberty in a free and fearless manner,” he observed.
It is worth mentioning here that the cease work agitation by the HC Bar Association came to an end when the accused police personnel tendered an apology over the incident.
Justice Dash observed that repentance or feeling sorry is not an act of a coward. “A man who can feel sorry, is undoubtedly a courageous and dignified human being,” he said. In this context, the judge reproduced a quote of Bishop Robert South:
Repentance hath a purifying power, and every tear is of a cleansing virtue; but these penitential clouds must be still kept dropping; one shower will not suffice; for repentance is not one single action, but a course
The judge also observed that none has lost and none has won in the standoff between lawyers and police. “I would say, it was not a battle or war between the lawyers and police. It was a fight for a cause. The matter is ultimately going to be resolved not in a ‘win-loss situation’ but a ‘win-win situation’ for all in the larger public interest,” he said.
According to Justice Dash, the damage that has been done to the general public due to the cease work agitation by lawyers cannot be compensated.