December 4, 2023
Kalyan Banerjee’s speech on The Advocates (Amendment) Bill, 2023
Sir, I want to draw the attention of hon. Law Minister, through you. The first question is, whether every category of touts in the field of law has been brought within the ambit of this Bill? Is it correct? Touts are everywhere, from the lower judiciary up to the Supreme Court. But through these types of Bills, practically you are identifying few persons who are in the subordinate courts or the district courts. Where is the real intention to identify the touts? I understand, and what Mr. Raja has just said, that this Bill is a replacement of the old provision of the Legal Practitioners Act. Nothing more than that. You are taking provisions from that colonial Bill. I have no difficulties, but when you are making an attempt to bring this Bill, what do you think? There are a number of touts. Sir, I will tell you one thing. It is very easy to identify touts among the poor. How many touts are there in the judiciary who are extremely sophisticated? Can you identify them? I understand the process you have started and I appreciate it, but the reality is that touts are everywhere. Sophisticated tout is there. Tout is there going to five star hotels, tout is there going to seven star hotels, tout is taking you to different places of the country. They are coming from very big universities. They are having Mercedes. You cannot identify those touts. That is exactly what I am telling. You are not bringing all types of touts. Today when the discussion is there, let the discussion go on; I know it will not be done now. Think in future about this. Let me explain myself. What we know about this? We have laws. What are the laws? There is a statute law. There is a case law. These laws, statute law and case law, are known to everyone which are applicable in a court. All we proceed. There is another law which is called ‘face law’. Face law is important for having an order from the higher judiciary, highest judiciary. That is the practical thing. For the face law, litigants have to spend lakhs and lakhs of rupees. You have to invest Rs.20 lakh. You have to engage a lawyer for Rs.20 lakh; you will get the order. Touts are everywhere. Who are the touts? That is the whole difficulty. Identification of a tout is necessary. It is very easy to identify a poor man. A lawyer is a tout. Bring a system, introduce a system to identify a real tout in the Judiciary, in the judicial system itself. What has been said is correct. It is every day experience. Today, our Judiciary has become too much expensive. Unless you engage a very big face in the Supreme Court, you cannot have an order. Good money, good law, good justice: this is the practical thing in the country. That is going on. You identify them. I would request you to think where the real tout is. There is one grade of lawyers amongst whom some pose themselves that they can bring the judgement, they can bring the order from the highest court, they can bring the order from that Judge. Sitting in a five-star hotel, everything is settled. He is the main tout. Where is the procedure? How you are identifying him? Since you have brought the Bill, I have got the chance to speak. I was thinking for decades together what is going on. I am a man of practical field. I am looking into these things. Regarding these types of touts, I will not say about all the Judges, but of course, very few Judges are there in our country having a very good relationship with them. In this dinner party, they will go. In their lunch party, they will go. In their marriage anniversary, they will go. We know everything. Everything is known. Someone speaks for two minutes and gets five-minutes face. Face law is very important in our country today to have an order, to get the justice. Who is getting that? Rich people are getting it, not the poor people. Can you think about this country’s Judiciary today? Lakhs and lakhs of poor people are not getting justice. Their cases are pending before the Supreme Court decades after decades. But the Supreme Court is very much concerned whether there would be marriage of the same sex or not. Therefore, a Constitution Bench will see and they will go on hearing day in, day out. It is a peculiar thing. Problems of the sophisticated people, rich people would be entertained by the Supreme Court. I will tell you, whether the same sex marriage is to be done or not, regarding that, within three days a Bench has been constituted, matter has been heard, and everything has been done. Do you know that for long 27 years, a Seven-Judge Bench of the Supreme Court is not hearing one matter which really pertains to the poor agricultural worker of West Bengal? Can you imagine that? For whom does the Judiciary exist? Does the Judiciary exist for the purpose of resolving the problems of only the most sophisticated and rich people? I will tell you about one incident. I am sorry for taking much of your time. This incident happened in the court of Justice Dattu, the former Chief Justice of India. I was present there at that time. I will not take the name of a very senior and famous lawyer. He wanted to mention a matter with regard to one industrialist before the court. I must say that the former Chief Justice of India, Justice H.L. Dattu said to the lawyer, ‘Mr. so and so, I have a number of matters of poor workers and poor people of this country. I do not have time. Simply because you are appearing for the top industrialist, leaving aside everything, I have to take up your matter. I have had it.’ But today’s approach is different and peculiar. I am not taking any name. There are big corporates. There are big lawyers. Give it to big lawyers. Go and mention about it, and his matter will be taken up. What is happening in our country? Poor people are being ignored. Hon. Chairperson, Sir, this phenomenon has been going on. The point is about identified touts and non-identified touts. You are trying to identify touts. But there are big arenas, places, fields, etc. where non-identified touts are there. Nobody will tell you. They are not taking tea in the street shops. They are taking tea in five-star hotels, and they are not identified there. How can you identify and remove a highly-paid lawyer-cum-tout? They accept it. Do not worry. Do not worry about Rs. 50 lakh. Get the order. The order is coming. If he is not there, engage someone else. That is because of face law. This is happening. Touts are there. Now, I am coming to a very relevant question. Tout is there when a relative of any judge is in the field of a legal practice. Tout is there. Taking the name of the Judge, his relative is also holding out threats. It is appearing in the newspapers. I do not want to take the names. It is appearing in the newspapers. It is under investigation. Let it be investigated. Since I have got the chance, I just want to tell you one thing. Hon. Law Minister, I do not have any difficulty with regard to transfer. I want it. I wish for it. But what I really want is that there should be a policy. Unless a policy is there, transparency would not be there. You transfer anybody. I am not concerned with it. Give a policy. At least, 140 crore people of this country will understand that this is a policy and, on that basis, transfers would be made. But what is happening today? You are picking up and transferring. Transfer all the judges whose relatives are practising in any High Court. Why are you transferring a Judge from the High Court to Supreme Court knowing very well that his relatives are practising in the Supreme Court itself? Why are they picking up the names? If I am unfit, if I am dishonest, if I am not fit for a court, then I am not fit for any other High Courts also. The point is very simple. Then, comes the issue of tout. They say that tout will save. This is the problem that has to be addressed. Of course, I support this Bill but I am on a very larger issue to save the Indian Judiciary for future generations. I am almost at the fag end of my legal service, maybe for eight or ten years, I will be in this profession. But generations after me should not face the pain which I had faced and the things which I have seen. You know about the problem. I have told about it somewhere also. You know why judges are saved. The Supreme Court and the High Court Judges can be criticized only when I am here. It is because of the privilege given by the Constitution. It is because of the existence of the contempt of court. No one can criticize about the judges’ activities. Otherwise, they will be held up for contempt of court. The judges of our country are saved only because of the contempt of court. Do not think everyone is perfect and everyone is correct. There are so many persons. Earlier, I used to take it that it may be an abberation. Sorry, today, I do not take it. It has become a great disease of the Indian Judiciary and that disease has to be resolved. I know you are having a limited power. I know that but this is the field and this is the place where I can tell my words, ‘Let the highest court of this country take note of the contents which I have said’. Thank you, Sir
