The recent allegation made by the Kohima Bar Association about a “burgeoning illicit nexus” between advocates and Nagaland police is disturbing, to say the least and a serious matter that should be nipped in the bud. According to the shocking allegation, the police compel accused persons and their families to engage with particular advocates for their court cases, including bail and take a certain percentage of legal fees. This illegitimate syndicate is said to be extorting money from helpless accused persons, as they are caught in a web that makes it difficult to disengage with the pre-arranged advocates. Such a practice is in contravention of the law of the land, which allows an accused person to engage an advocate of his or her choice. The government of India passed the Legal Services Authorities Act, 1987, to provide free and competent legal services to those who cannot afford legal fees and to ensure that justice is not denied because of one’s economic status or other reasons. The establishment of Lok Adalats or People’s Courts under this Act is also to promote justice by providing an alternative dispute resolution mechanism. Denying these provisions is a matter of serious concern that will affect the integrity of the investigation and trial, and ultimately the justice delivery system.
Justice is the cornerstone of a democratic society and advocates play a vital role in the justice delivery system as they represent the clients and assist the court in dispensing justice. As court officers, they are also expected to uphold the dignity of their profession and the decorum of the court. The police, by virtue of being law enforcers, play a significant role in the criminal justice system. They should detect crimes, arrest the accused and carry out fair investigations to ensure that victims are served justice and the criminals are punished. But if these two vital arms undermine their duties and integrity, the justice delivery system is bound to be affected. This allegation should not be swept under the carpet or ignored. The concerned departments should initiate a probe into the allegation and set a precedent by taking stringent action against the defaulters. Who knows, the nexus Kohima Bar Association has pointed out may be just the tip of the iceberg. The Police department, in particular, should ensure that its personnel enforce the law diligently with zero tolerance for corruption. Failing to do so will indirectly encourage crimes instead of preventing them, and its notable campaigns, including the fight against substance abuse and drug trafficking, will not reach their desired goal. When law protectors become law breakers, you can’t expect a positive outcome. It is bound to be devastating and detrimental to society.
