Extra ordinary cases generate extra ordinary judgments and by any standard, the police –lawyer clash in the Madras High Court premises was an out of the ordinary incident. The century-old Madras High court premises had virtually turned into a war zone when large number of advocates clashed with police. A judge, many police personnel and advocates, including some women, were injured in stone-throwing incidents and the subsequent lathicharge by police.

In a damning indictment, the Madras High Court has held four top police officers including a former city commissioner "squarely responsible" for the February 19 police-lawyer clash and directed the state government to suspend them pending disciplinary action. The police officials have also been held guilty of contempt of court for committing excesses in the high court premises during the clash and causing damage to court property among other things.    

Prima facie case was made out against them that they caused obstruction in the course of administration of justice and contempt proceedings have to be "necessarily" initiated against them, the bench said.

Yes, there is enough and more for the lawyers to be happy. However, on lawyers, the court held the rule of law applied to all without any exception. While discharging professional duties, a lawyer might be entitled to "veil of protection.” But to say that there is general immunity for all acts of lawyers inside court premises would tantamount to conferring special privileges upon them. Within the campus or elsewhere, lawyers are not above the law."

The court also directed CBI to proceed with investigations in accordance with the cases registered against lawyers as per the law and submit its report within three months.

By pelting stones, lawyers took the law into their own hands and behaved in a most unacceptable manner, "but what was the reaction of the police," the court asked, adding, "no matter how rude or unruly the lawyers were, police should not have used extreme force."  It said police quickly threw back the stones that came their way at the lawyers and matched the lawyers in their lawlessness. "Hardly any police officer could be seen keeping their men under restraint. The most notorious is the actions of police going on rampage in the entire premises.”   

The Court had also a few words of advice to both the parties. Functioning of courts and carrying on business of administration of justice depends upon the harmonious relations between police and lawyers.  "We wish that better counsel will prevail upon the police and lawyers," it said. Asking the police and lawyers to bury their differences and rift in the interest of the public at large and in the interest of the Institution, the bench said both should always work together for the administration of justice.

During the course of the trial, the former Chennai city police chief, K Radhakrishnan had in his counter affidavit, justified the police action on advocates.  He had said the situation warranted it. 'The situation and the circumstances were of such nature that warranted the police to resort to a lathi-charge but for which, the life and safety of the public and policemen would have been in peril', Radhakrishnan, presently ADGP Law and Order, said. The Honourable High Court would certainly have considered all these before delivering its judgment.

I am one who firmly believes that the police performs perhaps the most crucial role in maintaining law and order in society. We cannot think of a society without a determined police force. The Tamil Nadu Police Force is one of the oldest police forces in India, dating back to 1859. Its watchword is: ‘Your Safety is Our Priority.’

Let not the police force be demoralized. Let not the scar of the incident linger as a grim reminder of the unfortunate episode.  Let both the parties bury the hatchet and work together for the harmonious development of society. That is the need of the hour. That is what the judgment also seeks to underline.