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Activist petitions against lawyers 'browbeating' system by bargaining power

A social activist called for the Punjab & Haryana HC to prevent lawyers from “browbeating the system”, and “forceful imposition of their collective bargaining power”, as “an impression that lawyers are above the law […] has been created”.

Activist Hemant Goswami filed an intervention application in a dispute between the HC’s lawyers and the Chandigarh Police, asserting that actions of the lawyers in the incident were non-compoundable offences. [Indian Express]

Goswami wrote in his application:

An impression that lawyers are above the law to whom the normal procedure of law, including that of trial and investigation by prescribed state machinery, does not apply has been created.

Special procedure should not be evolved to deal and system followed of investigation and trial, as in all other cases, should be followed in this matter too. Procedure as prescribed under the law must be followed.

Advocates Act gives no special privileges to advocates over and above the law under the Advocates Act. Rather they have greater responsibilities under the rules and codes prescribed under the said legislation.

Collective might and power of a group of people who are collectively registered as a separate juristic person should not be allowed to browbeat the system by putting extraneous pressure and by forceful imposition of their collective bargaining power. Such an impression is detrimental to the interest of 'sovereignty of the state' and is against the interest of 'democracy, the state and just rule of law'.

Many offences allegedly committed during the unfortunate incident come within the category of rioting, disobedience of lawful order and are triable as offences against the State and are therefore not compoundable as per the provisions contained in the Criminal Procedure Code.”

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