No respect for our judiciary

In the exercise of its contempt power, the Delhi High Court did not do enough to punish the senior lawyers, RK Anand and IU Khan, while convicting them for obstructing administration of justice by trying to influence an eyewitness in the BMW hit-and-run case. They got away with an indulgent punishment of four-month bar on appearing before the court and a recommendation that they be stripped of their senior counsel designation. I have not read the entire judgment, but one thing is sure that this was a case of somebody misusing their professional services and flouting their legal obligations.
These senior lawyers tried to subvert the cause of justice for the benefit of their client and to profit from it. This is a deplorable case of malpractice and called for the most severe form of punishment.

There is a crisis of character in our country. All limbs of the criminal justice system — be it the judiciary or the police — have failed to take action against their own. The failure to self-regulate does not augur well for the system. As an institution, the criminal justice system should command the respect of society.

What defence do the guilty lawyers have? The evidence is there on tape. Sting operations are legitimate as long they do not employ illegal means. The people crying foul against such media activism either have something to hide or fear that they could one day be a victim of one such sting.

Now, the forums vested with the power to take corrective measures should do their duty. The chief justice of the concerned high court should have stripped the gentlemen of their senior counsel designations. The Bar Council of India, which is the regulatory authority of the legal profession, is yet to act. Under the Advocates Act it can expel lawyers. I hope it will exercise its power.

Mahesh Jethmalani is a senior counsel. He spoke to Anshika Misra