Saturday, April 4, 2009

Court order on suspension, the joke or tragedy

well friends, we all know that the Madras High Court had passed an order to suspend 2 cops below the rank of the Commissioner of police, Chennai, with regard to the violence in the High Court premises, followed by inaction on the part of the State Government in not suspending them, simultaneously by the appeal of the cops to the Supreme Court and the supreme court not interfering but allowing 2 weeks for the Tamil Nadu Government to file their counter and in the interregnum the Madras High Court conducting the swearing in ceremony for the 14 judges of the Madras High Court, with the cooperation of the lawyers to the Court and thus ensuring their participation in the official function. The Advocates fraternity has been relegated to be a non-entity in the entire issue, thus suffering from the twin insult of being attacked by the police and then the non-interference of the Court to initiate appropriate action against the true culprit.

The A3 City police commissioner, Mr. Radhakrishnan has been let off the hook along with the A1, the Chief Minister mr. karunanidhi and the law minister mr. durai murugan, the protectors of A3 together with the court. The entire process was directed by the city commissioner who was present at the Esplanade police station even before the flash point at about 1500 hours on 19th february 2009. He had somehow hoodwinked the Srikrishna commission that he was present at the court only after 1700 hours, which everyone knows to be untrue. The entire episode of violence from the beginning was orchestrated by him and only at his command the first batch of hooligan policemen lathicharged the vehicles and damaged them. One of hooligan policeman dressed as a lawyer breaking the window pane of a car along with two policemen thrashing the windshields is the beginning, which was being directed by the commissioner from the esplanade police station. when I was near the policestation at about 1500 to 1530 hours one of the constables had commented that "Periya ayyah" was there and supervising everything. It now dawns on me that it is the commissioner himself who was present there.

There are some intriguing questions that need to be answered : first, if the 2 officers below the rank of the commissioner could order lathicharge, then why did the commissioner not stop it ?

two, if the commissioner did not stop the lathicharge ordered by his subordinate officers, isnt he not estopped from shirking the responsibility for the same ?

three, if the commissioner did not know that his subordinates had done the lathicharge without his knowledge, commanding the force, which he can only command, then is it not a mutiny in the police department, for which the two officers should be summarily dismissed ?

four, if the rapid action force took instructions from lower level officers other than the commissioner, only whose order they are supposed to take for initiating lathi charge, then is it not that they too were part of the mutiny and indulged in wanton arson and destruction of public and private property, and therefore should not also be dismissed summarily ?

five, if the police commissioner was present at the esplanade police station or near abouts since 3 00 pm, then why is the 2 suspended cops remaining mute about this and their receiving orders from the commissioner ?

six, if the 2 suspended cops are mute about the commissioner's involvement but has suppressed it before the srikrishna commission, is it not perjury for suppressing truth before the commission constituted by the supreme court of India ?

seven, the commissioner himself lathi charged and this is a fact that need not be proved, in that case did he take the orders of his subordinates, and if he had taken orders from his subordinates who have now been suspended, then should not the commissioner be immediately demoted to be an assistant commissioner or inspector or may be even a constable befitting his behaviour on that fateful day and also suspended along with the 2 suspended cops ?

last but not the least, why is the city police commissioner being protected like this by the State ? is it because he acted on their behalf ? then is this government not a perpetrator of violence against people and is therefore liable to be dismissed ?

why are the courts, both the high court and also the supreme court feel shy about initiating action againt the police, while they are too dashing and keen to quell anything done by the lawyers ?

any way, people should realize that just because the violence was done by police does not mean that it was against unruly lawyers. On the contrary it is the police who had indulged in rank arson and hooliganism on the fateful day inside a constitutional building but still managing to dodge the slow and steady hand of truth, with the help of the State Government. Ofcourse when the truth comes out people would have other problems to think about and thus this would, like so many human right violations in our country would be relegated to some stupid file sleeping in some dusty corner of a large complex.

I remember reading long long ago so long ago that i dont remember how long ago in illustrated weekly of india, of a journalist who had written that the " Indian police is the most organized mafia in the world". February 19th, 2009 proved it to be true, at least to the Advocates of the madras high court.

vande mataram....