If Rajeev
Dhavan is not a journalist, nor a lawyer, what is he?
Rajeev
Dhavan is a Senior Advocate of the Supreme Court. He is as 'true' to his
profession as all famous lawyers from Jethmalani downward have been professing
to be. They address each other as 'My Learned Colleague' and then start demolishing
every one of the opponent's arguments, one by one till the list is finished.
But do they swear to uphold 'truth'? Never! Their uncrowned professional hero
Jethmalani whenever asked why did he represent admittedly known criminals
replied in his highfalutin words that lawyers like him were 'duty bound' to
represent their clients, irrespective of whether they were guilty or not
guilty! What they openly do not admit, but is known to everybody is, these
people never hesitate for a moment to coach their clients what to say and what
not to say in court, not for upholding truth, not even law, but only to get the
client acquitted. What not they do! They interpret law selectively, help
falsifying documents, suppress evidence, browbeat the other side and judges by
unnecessary adjournments, the list is endless. They are so fair to their
clients that they charge per appearance hundreds of thousand rupees even if their case is adjourned unheard! And they
charge not one, but many clients like
that every day. They charge their clients per hour of studying the case, fees
for assistants, etc. Imagine your milkman charging you for the milk and also
for the time he spent on coming to deliver it!
Rajeev
Dhavan is one of such lawyers. So firstly do not expect him to says something
in favour of his client, he will put in
a word for the opposite view! Thank God there were no courts or advocates
during the period of Ramayan. Otherwise these guys would have got a clean
acquittal for Ravana for the 'alleged' kidnapping of Sita by not mentioning a
word about Dharma but by keep on harping about the rights of a demon king to do
what he pleases!
Now let's
see what he has to say against the present strict laws of defamation and free
speech. To make it easy for you to understand I am quoting his words in
italics.
In the very
first sentence he makes a statement without any proof! December has been a cruel month for free
speech. He starts giving examples from the past decade and before when
Supreme Court dismissed some cases which go to prove his case. Anyone will
think the SC decided in favour of his side in ALL the
cases, because he does not list a single case where the offender was found
guilty! First example of his 'fairness'!
All famous lawyers
start their infancy by reading "How to Win Friends and Influence
People." See how what a good start he is having by dropping big and famous
names of great authors, cine actresses, foreigners (He knows Indians love
anything foreign!), and to sound 'secular' the name of a Muslim too, adding an
emotional expression about how he was driven out of the country to die abroad! "The stories are endless as India's
increasingly intolerant society allows HIndu fundamentalists to threaten those
they don't like with impunity." But still not a single recent case has
been cited. He only makes some passing references to party goondas closing
cinemas!
On the other
hand if anyone was having a field day with freedom of speech, it was the
pesstitute media and the opposition party in Lok Sabha which managed for the
second time to waste the whole session of Parliament!
Next he
impresses you with his erudition by quoting again old cases and law in the second
paragraph which is totally irrelevant. What is interesting is he equates the
world famous artist M.F. Hussain, whose art works sell for millions of dollars
(you heard it right! dollars!) and who was known as the Picasso of India and
who was awarded Padma Vibhushan, with Teesta Setelvad who is out on bail in a
criminal case and dodging the courts from proceeding further! This is the level
of fairness of our learned senior advocate Dhavan! Still there is no recent
incidents to quote where free speech has been thwarted without recourse.
In the next
para, he trots out names of those who irrelevantly and habitually and for
political reasons keep filing cases against other politicians. What freedom of
speech has to do with it? Further if you take Dhavan seriously, he is telling
"the great leader Subramanian Swamy"
is right in bringing suits against so many vips; don't laugh he finds for even
Arvind Kejriwal as a victim of Gadkari and Amit Sibal, while the cases are
still pending in court! Only an emotionally driven lawyer who substitutes
emotion for facts, will find fault with even a judge. Example: Although many proceedings
were stopped by the court, the Supreme Court (Justices Mishra and Pant) showed
incredible indecisiveness. Months have passed since the judgment was reserved.
In the next
paragraph Dhavan gives an unsolicited advice! How could a lawyer, yes, LAWYER
could do it, i.e. giving unsolicited advice and that too without any fees!
Should be business is very dull nowadays that Congress is not in power!
The article
also ends where it started, without giving cogent argument but only just
vomiting what others had said which are mostly irrelevant. Throughout this
article I was searching for only one thing I expected from an honest lawyer. An
intelligent lawyer. I thought at least once Dhavan will say right to free
speech also entails the responsibility to respect the freedom of others. It
also implies fairness in points raised, it expects you not to prejudice your
point by embellishing it with unrelated quotes, incidents, history, etc., it
expects you not to influence the minds of those whom you address by name
dropping and other popular methods. I was disappointed.
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