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Forsaking law in the name of justice

10 0
yesterday

The recent Supreme Court incident, where a lawyer threw a shoe at the Chief Justice citing religious sentiment, goes beyond mere misconduct — it strikes at the core principles that allow advocates to argue and challenge within the law

Robert Kennedy famously stated, “Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes.” This is particularly relevant when the said “men” in question are the lawyers themselves, i.e, a person who is trained and qualified to advise people about the law and to represent them in court. Therefore, for lawyers themselves, to renege on that professional faith of oath to uphold the majesty of justice is to betray that very oath that gave them that power to litigate, fair and square.

Lawyers in India sign a written declaration and are bound by the rules as framed by the Bar Council of India. As an advocate in the State Bar Council, the declaration reads, “I shall uphold the Constitution of India, the laws of the land, and the standards of professional conduct and etiquette laid down by the Bar Council of India.” While most uphold the required professionalism and etiquette, the conduct of some does regrettably fall short of the same and therefore can (and must) lead to disciplinary action, including suspension or disbarment. One such action that came to light recently was of a lawyer throwing a shoe........

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