OPINION: Why policemen are scared of lawyers in India

Recently, some policemen in Delhi were allegedly physically assaulted in Tis Hazari, Karkardooma and Saket district courts. These incidents instigated the police personnel to hold a demonstration lasting several hours before the headquarters of the Delhi Police near the ITO building on Tuesday, demanding protection from such assaults. Several policemen were seen carrying posters reading Hum police hain, ghulam nahin (We are policemen, not slaves). Their agitation has been supported by police organisations all over India.

Now it seems strange that policemen, who do not seem scared of any other section of society (except, perhaps, politicians) are scared of lawyers. Lawyers don't carry lathis and guns, as many policemen do, then why are the latter scared of them? Even when there is a police lathi-charge on lawyers, it is usually consequential to a prior assault by lawyers on policemen, with fists or by stone-pelting. Policemen are not cowed down; so if they are assaulted, they are likely to retaliate, but usually they are not the ones who began the incident.

The reason why policemen are scared of lawyers is that lawyers have a weapon called Istagaasha or criminal complaint, of which policemen are dreadfully afraid of.

A criminal case in India can be started in one of two ways (1) by filing an FIR (first information report) in a police station under Section 154 of CrPC or (2) by filing an Istagaasha before a judicial magistrate, under Section 200 of CrPC.

Now policemen are not scared of an FIR because that is submitted to others of their own fraternity, and members of one's own fraternity tend to gang up with each other. So the matter is 'manageable'.

But a criminal complaint before a judicial magistrate is a different cup of tea altogether. It is presented before a judge (a judicial magistrate), and lawyers and judges belong to the same legal fraternity. A magistrate's sympathy is therefore likely to be more with the lawyers who appear daily before him in court, rather than with policemen.

On receiving a complaint by lawyers about a police atrocity, whether true or concocted, the magistrate will issue summons to the police personnel accused under Section 204 of CrPC and begin a criminal trial, which may end with the accused policemen being sent to jail, and/or their careers being damaged or ruined.

So the moment a summons is issued against him by a magistrate, a policeman is like a fish out of water, flopping about hither and thither. That is the real reason why policemen are scared of lawyers.

Many lawyers have imaginative minds, which also scare government servants.

Let me give an example. When I was a lawyer in the Allahabad High Court (1971-91), there was a leading senior lawyer (let us call him AB) practising at the Allahabad district court. Though AB had a huge practice, he never filed income tax returns and never paid any income tax.

Once, a young exuberant and upright Income Tax officer was posted in Allahabad, who issued a notice to AB to appear before him. When AB appeared, the Income Tax officer said, "Mr AB, everyone knows you are a top lawyer in Allahabad district court with a roaring practice. Yet you never file income tax returns and never pay any income tax."

Having said so, the Income Tax officer made a best judgment assessment and levied a huge demand on AB as tax and penalty. AB kept pleading that he was a poor lawyer with no practice, he would be ruined by this huge demand as he had no assets and other excuses. However, his appeals were to no avail.

A few days thereafter, the Income Tax officer received a letter from a lawyer (not AB), stating that his client, a young woman, had been impregnated by the officer under the false promise of marriage, which he had not kept. The lawyer's letter claimed now his client had delivered his child, for which he must pay a huge amount of compensation; otherwise, legal proceedings for rape and other charges would be commenced against him.

The Income Tax officer was bewildered and shocked, as he had never till then even had an affair with any woman, leave alone impregnate anyone. The officer went from lawyer to lawyer seeking advice, and ultimately someone told him to go to AB. The Income Tax officer did and fell at AB's feet, apologising profusely. Consequently, a compromise was reached. The Income Tax officer recalled his order imposing tax and penalty on AB, and the legal notice too was withdrawn.

No wonder government servants in India give lawyers a wide berth!

Justice Markandey Katju retired from the Supreme Court in 2011

The opinions expressed in this article are those of the author's and do not purport to reflect the opinions or views of THE WEEK