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The rule of firsts

4 février 2021, 10:41

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This is not in defence of the newly elected Bar Council president, Yatin Varma. He is big enough to defend himself and I concede that his past actions put him in a rather difficult position to preach about ethics, legality and least of all loyalty. And, to be honest, I have little respect for politicians – whoever they are – who wait until their leaders are out of favour before they start swallowing back all the praises they had been singing.

However, focussing only on the negative comments he made about the ‘Avengers’, whatever the motivations behind making them may be, one may be tempted to agree about some. It is a fact that what the group of lawyers who bestowed upon themselves the name ‘Avengers’ – as is their right in my opinion – are doing is unprecedented. It is the first time that lawyers gather in front of the court to give a press conference with all the details of what went on inside. It is the first time that we are kept abreast of a case as it is unfolding. And it is the first time that a group of barristers organises a public gathering and publicly denounces members of the government.

However, one has to realise that the context in which this is happening is unprecedented too. This is the first time that we have a prime minister facing serious accusations of gross impropriety and who holds on to his position without offering evidence to refute these indictments or suing the person making them. That person in this case is his former minister of good governance, Roshi Bhadain, not to be confused with journalists, who are merely reporting and commenting on the accusations. This is also the first time another minister has been accused – among other more serious offences – of robbing a poor person of Rs15,000 a month for months, an accusation that has been supported by documents, official statements and – more recently – admission by the police that the allegation is true. Yet, the minister is sitting pretty, saying he is only accountable to God. While this is happening, investigative and law enforcement agencies are manifestly failing dismally short of their duty and obligation to serve, not the government of the day, but the nation.

It is the first time that when a minister had to attend court, a whole street is shut to the public and a formidable arsenal of cops, armoured vehicles and even snipers are deployed to protect him from the possibility of an angry guy shouting from afar that he is dishonest.

It is the first time too that so many people who are connected somehow to each other start dying one after the other and their death attributed to suicide!

It is the first time institutions have been so brazenly hijacked by those in power and emasculated, public money is thrown around lavishly, huge inflated contracts are showered on cronies without any regard for due process and a group of people are openly enriching themselves at the expense of the taxpayer.

It is the first time that the country seems to belong to those who are close to power and benefiting from juicy nominations in spite of their incompetence and lack of qualifications. It is the first time accountability has become non-existent and impunity the norm for perps in power.

While the ‘Avengers’ may have to somewhat tone down, their way is the only way to operate in a dysfunctional democracy.

If you play by the rules when everyone you are playing against is breaking them, you are providing entertainment but not getting anywhere. That continued entertainment has a name. It was called naivety, last time I checked. Had Yatin Varma looked at the full picture objectively, he would have known that!