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regular-article-logo Saturday, 27 April 2024

Lawyers’ plea against attack on Constitution in light of recent developments

The All India Lawyers’ Association for Justice in a statement urged lawyers to 'demand that the Union government uphold the constitutional and humanitarian principles that are core to our democracy'

K.M. Rakesh Bangalore Published 01.06.23, 05:54 AM
A scene from the Wrestlers' protest in New Delhi.

A scene from the Wrestlers' protest in New Delhi. File picture

A prominent lawyers’ body based in the city has called upon the legal fraternity across the country to stand up against the “hollowing out” of the Constitution in light of recent developments, including the ordinance against the Delhi government, the wrestlers’ plight and the Manipur violence.

The All India Lawyers’ Association for Justice (AILAJ) has, in a statement on Tuesday, urged lawyers to “demand that the Union government uphold the constitutional and humanitarian principles that are core to our democracy”.

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It cited four ongoing developments — the ordinance to sidestep the Supreme Court’s direction to the lieutenant governor of Delhi to stand by the decisions of the elected Delhi government with respect to the services, the police brutality on wrestlers who are demanding action against BJP MP and Wrestling Federation of India chief Brij Bushan Sharan Singh for alleged sexual assault, the conversion of the inauguration of the new Parliament into a Hindu ritual, and the complete breakdown of law and order in Manipur.

The association noted that soon after the Supreme Court held that the LG should abide by the Delhi government’s decisions on the services, including those related to police and land, “the Union government promulgated an ordinance to defeat the Supreme Court order by giving the LG supremacy in decisions pertaining to posting and transfers”.

“The Union government has also applied for review of the judgment. While on one hand such flagrant attempts to seize power through a breach of federal and democratic principles must be condemned per se, on the other, the Union government's bid to establish parliamentary supremacy over constitutional decisions of the judiciary is entirely improper and unconstitutional,” the AILAJ statement signed by its president Maitreyi Krishnan and general secretary Clifton D’Rozario said.

The association urged lawyers across the country to take note of how the wrestlers had been attacked by the police for the sole reason that they were demanding action against the wrestling federation chief who was attending the inauguration of the new Parliament House just a short distance away on Sunday.

“It is also important to flag that the police did not immediately register an FIR when the wrestlers attempted to file a police complaint,” the association pointed out.

“It was only after sustained protests by wrestlers and the Supreme Court intervening, did the police register an FIR. Despite the FIR listing Pocso (Protection of Children From Sexual Offences Act) as a charge and Brij Bhushan openly intimidating the wrestlers, he is yet to be arrested by the police. This is a sign of impunity that members associated with the ruling party enjoy today in the country,” the statement said.

The lawyers’ body came down heavily on the BJP government converting the inauguration of the new Parliament building into a Hindu event. It noted “the BIP government's action of inaugurating the new Parliament building using Hindu priests and ceremonies, and coronating Modi as a king".

“Modi's conduct of carrying a ‘sengol' or sceptre which is a symbol of a divine right of kingship is incongruous and unacceptable in a secular and democratic state where people elect their representatives,” the statement said.

The association alleged there was a “complete breakdown of law and order in Manipur in response to the Hon’ble Manipur High Court’s order directing the government to consider inclusion of the Meitei community in the Scheduled Tribes list”.

It noted that the Supreme Court had disapproved of the order.

“Law and order has crumbled in Manipur, leading to a large number of casualties, arson and physical violence. The Union and state governments have clearly failed in dealing with the situation through rule of law and constitutional machinery,” it stated, urging the legal fraternity to stand up against such acts that are tantamount to attacks on the Constitution.

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