The Sunday Times on the web

Hulftsdorp Hill

6th June 1999

Ghouls in black and dirty games

By Mudliyar

Front Page |
News/Comment |
Business | Plus | Sports |
Mirror Magazine

Home
Front Page
News/Comment
Business
Plus
Sports
Mirror Magazine

The legal profession from its inception has earned the wrath of some people and lawyers described as a set of blood suckers.

In the Bible, St. Luke 11: 46, we find the following passage. "Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers" and at 11 : 52 "Woe unto you lawyers! for ye have taken away the key of knowledge: ye entered not in yourself, and they that were entering in ye hindered". And William Shakespeare in Henry VI: "the first thing we do, let's kill all the lawyers"

One could quote hundreds of passages like this from Western literature. Why have these writers denigrated the lawyers who throughout history have been in the forefront in defending the freedom of men and women?

The freedom we enjoy today is mainly due to the bold steps the lawyers of yesteryear took to defend our freedom against tyranny, oppression and tin pot dictatorships. Perhaps the reason is that like in any other profession there are a few miscreants who tend to make a living through sacrilegious conduct.

As I pointed out two weeks ago when the illegal arrest of a Tamil Engineer Joubert Gnanamuttu became an issue before the Supreme Court, it found that the Police, had produced Mr. Gnanamuttu before the Magistrate as a suspect of terrorist activities.

In Court Mr. Gnanamuttu found the Police had not returned his National Identity Card. The report tendered to the Magistrate contained a litany of lies to justify the arrest. Many policemen accuse any Tamil taken into custody as being involved in terrorist activities. The only terrorist activity Joubert Gnanamuttu had indulged in was that he did not possess the Police Registration Form when he was checked at a check point.

Either the Police did not know that a Police Registration Form was not a requirement or they knew it was not, but did not like the manner in which Mr. Gnanamuttu countered the questions put to him by the Police.

Mr. Gnanamuttu, knew there was no requirement to carry the Police registration form with him, the National Identity Card and the Driving License being more than sufficient. The fact was that he was knowledgeable of his rights, and also knew what documents were required to be carried by a Tamil, even though he was travelling in his own country of birth, and was able to demonstrate he had not committed an offence.

What happened to him was an indictment on all those who shout from pulpits that there is no discrimination against the Tamils. It was also revealed later that it was a graver indictment on the legal profession.

At the Colombo Magistrates Court, when he was put in to a cell, a lawyer approached him and agreed to appear for him for Rs. 1,500. He refused the offer, as he did not have any money with him. What surprised him most was that his ID which had not been returned to him by the Police was allegedly in the possession of this lawyer who came forward to offer his services.

When these matters were disclosed before the Supreme Court, during the course of the inquiry, the Chief Justice directed that the paragraphs containing references to the conduct of the lawyer should be underlined. Unfortunately the counsel who appeared for Mr. Gnanamuttu did not have the name of the lawyer, and therefore could not give it to the Chief Justice.

This clearly demonstrates the low level the profession has fallen into where touting has become a way of life.When 'lay touts' are thrown out from the compound of the precincts of the Magistrates' Court, the khaki clad touts from Prison Guards to Police Officers, operate inside without any fear of being apprehended. Before the suspect is brought, some lawyers, who are allegedly in hand in glove with the police, are informed through cell phones that a certain suspect would be brought to such and such a Court.

Therefore it is not strange that the Identity Card of Mr. Gnanamuttu allegedly changed hands from the Police to the lawyer. This was in complete violation of the Code of Conduct and Etiquette of lawyers.

If the identity of the lawyer was revealed it would have been more than sufficient to debar him from practising, but due to uncertainty of identity, the counsel very correctly did not furnish the information as he was unable to zero it down to any person. Such behaviour has brought disgrace to the legal profession.

It was not long ago that a lawyer printed a calendar and distributed it to his clients advertising himself as the best in the country. There had also been many complaints against him. Apparently the Bar Association or the Supreme Court had not been able to deal with him.

The late Lal Perera, a raconteur par excellence used to tell a story about a certain lawyer who lived near a Police Station, and in the evening played volleyball with the Police Officers. This was during the Dudley Senanayake Government.

Violators of the Price Control Act those days, if found guilty, incurred a jail term which was imperative. The police had a field day. They arrested a large number of rich boutique owners who were kept in the cell. The suspect's relations who stormed the Police Station cell were told to retain that lawyer.

A mudalali was arrested and locked up in the cell and was told the only manner in which he could escape was by retaining allegedly the favourite lawyer of the police. The relations heard this and ran to the lawyer and wanted him to come to the Police Station. When the accused saw the lawyer he unwittingly said 'me kimbula mata epa'. (I don't want this alligator). This was because of his physical appearance. Lal Perera then said the Police first allegedly assaulted the mudalali so that he would retain the lawyer, and then assaulted him again for not retaining him.

After 1988 when there were frequent search and arrest operations it was said that a certain Tamil lawyer had apparently got information about rich businessmen who were living in hotels due to mainly security reasons. Some corrupt police officers who were allegedly hand in glove with this lawyer apparently went to these hotels arrested the chief occupant and took him to the Police Station and then struck a deal with the lawyer. The police then apparently informed the arrested Tamil businessman that he would be released if he retained the lawyer concerned. A huge fee was demanded and paid. The next day the businessman was apparently released.

This has now become an established racket. The good reputation of even the most exclusive branch of the Police Department headed by crack detectives is blackened by a few police officers who allegedly engage in these rackets with a few chosen lawyers who support them.

When detention orders were freely issued there were a number of Tamils who had been detained illegally without any reason whatsoever. Their only crime was that they had brought their savings to Colombo to pay huge sums of money to employment agencies to escape from the LTTE in the North. They soon became target of the people who detained them and revoked the detention orders when part of their savings were exchanged for their freedom. The power to issue detention orders which rested with the police officers were often misused to detain the innocent. The law prevents any Court from examining the propriety of such orders. Even the Supreme Court was slow to expand the scope of its power to examine the propriety of such orders. But The Supreme Court has been able to prevent such abuses but only a few of such orders come before it for judicial scrutiny.

The involvement of certain lawyers in these rackets has brought the entire profession into disrepute. Unwittingly even original Courts due to the burden of work, remand such suspects purely on the report filed. It is well known that in the original Courts the lawyer recommended by the Police is not retained.

It has come to such an impasse that many junior lawyers and a fair number of senior lawyers are deprived of work in the Magistrate's Courts due to the interference of the Police.

Mr. Gnanamuttu's case is not an exception but the rule. The exception would be for the police to produce a suspect in Court without recommending a lawyer whom he should retain. It is reported that the Chief Justice was extremely disturbed by the revelations that were made in Mr. Gnananmuttu's case.

This is not peculiar to this profession alone. We live in a country where the politicians declare that there is no bribery and corruption after closing the Bribery Commissioner's Office; where the Attorney General claims there is nothing wrong in sitting in judgment where the parties are known to the Judge provided the order is against such persons; where the Attorney General decides to charge a High Court Judge for attempted murder only on a statement made by a witness 89 days after the incident and where the Judiciary is bashed almost regularly by politicians.

Therefore, the ugly role played by some ghouls in black coats with the help of corrupt police officers is something that has to be accepted.

To eradicate this menace the Bar Association, the Police and the Judiciary should make a united effort. If the IGP is seriously interested in eradicating these foul deeds Joubert Gnanamuttu's case would be the ideal stepping stone. It would not be difficult to find out the Police Officer in whose custody Mr. Gnanamuttu was brought to Court.The police officer without much difficulty would be able to identify the lawyer to whom he gave the National Identity Card of Mr. Gnanamuttu.

This would be an opportune moment to begin an investigation. But rest assured nothing will be done because the cancer of corruption has proliferated the entire body politic, and it will soon kill its victim and subsequently itself. There seems to be no one even on the distant horizon capable of lifting us from the abyss that we have fallen into. This is the sad but gospel truth!


Outside Politics

Editorial/Opinion Contents

Presented on the World Wide Web by Infomation Laboratories (Pvt.) Ltd.

Hosted By LAcNet

Hulftsdorp Hill (Legal Column) Archive

Please send your comments and suggestions on this web site to

The Sunday Times or to Information Laboratories (Pvt.) Ltd.