Kathmandu: Lawyers are instrumental in interpreting and enforcing the law. They ensure that justice is served in accordance with legal principles. They challenge unlawful actions, represent individuals’ rights, and hold authorities accountable.
Through their advocacy, lawyers protect civil liberties and uphold the Constitution, making them pivotal in maintaining the balance of power and the rule of law in society.
In the courtroom, lawyers have the authority to question the actions of the police, present evidence, and argue for or against the legality of their actions. This dynamic ensures that the police operate within the bounds of the law and that their actions are subject to scrutiny. Consequently, the legal profession serves as a critical check on the power of the police, reinforcing
Where the police end their role in a crime by filing a charge sheet, the lawyer steps in. Three lawyers—the defense lawyer, the public prosecutor, and the judge—then see the case and decide the fate of any criminal case. For an ordinary person, a policeman might seem more powerful, but for a lawyer, he is not so formidable. No wonder why so many lawyers are prominent in politics and are involved in running the government and the country.
Police officers should understand that their authority is limited and subject to the rule of law. Advocates, with their comprehensive understanding of legal principles and their critical role in the courtroom, are the true guardians of justice. Lawyers possess the unique ability to scrutinize, challenge, and dismantle any unlawful actions taken by the police.
Their influence extends far beyond the precincts, shaping the legal landscape and ensuring accountability. In the court of law, it is the advocate who wields the power to uphold justice, meticulously examining evidence, questioning police actions, and arguing for the protection of individual rights.
Any misuse of power by the police is subject to rigorous legal scrutiny by lawyers, who act as a vital check on authority. The courtroom is where the true balance of power is maintained, and it is the advocate’s expertise and dedication that ensure this balance is upheld.
The reach of a lawyer is not confined by geographical boundaries; it extends through legal arguments, precedent, and the pursuit of justice. Never underestimate the power of an advocate, for their role in enforcing the rule of law and safeguarding civil liberties is unmatched.
They stand as the bulwark against abuse of power, ensuring that every action taken by law enforcement is within the bounds of legality and justice. In essence, when advocates in their black coats rise to assert their authority, even the most formidable police officers must reckon with the law.
Recently, a law student experienced a noteworthy incident involving traffic enforcement. After receiving a fine for a traffic violation, the student observed that the police vehicle responsible for issuing the fine was parked on the road—something that is not permitted under traffic regulations.
According to the law, no one is above the law, and while traffic police have the authority to impose fines, they do not have the power to park their vehicles on the road as part of their duties. Such actions are not authorized by the traffic regulations.
The law student, questioning this inconsistency, visited the Traffic Department and sought clarification through the Right to Information (RTI) Act. To the student’s surprise, the traffic police were unable to provide an answer and fell silent, revealing that there was no legal basis for their actions.
The law student’s efforts to address this issue exemplify the need for adherence to legal principles and the enforcement of the rule of law. This situation underscores a broader issue: police officers, while tasked with upholding the law, are often not well-versed in legal nuances and are primarily trained for enforcement rather than legal understanding.
Despite regulations that mandate respectful conduct, the practical behavior of some officers can fall short. This incident highlights the critical role of legal professionals and advocates in ensuring that all actions taken by law enforcement are within the bounds of the law and in holding them accountable when they deviate from legal standards.
There has been a saying by the police officers which is ‘kalo kote’ which is against the ethics of them. As the saying goes, “kalo kote” in reference to lawyers, it is essential to remember that such remarks are also contrary to the law. Police officers should be mindful and alert, as defamatory comments against advocates could lead to legal action and defamation cases.
Respect for the legal profession and adherence to legal standards is crucial for maintaining the integrity of both law enforcement and the judicial system. Derogatory remarks or defamatory comments about lawyers by police officers can potentially lead to legal consequences. Such comments undermine the professionalism and respect that should be accorded to all individuals working within the legal system.
In conclusion, the rule of law is fundamental to a just and equitable society, and it is crucial that all individuals, including police officers, are held accountable under this principle. While police officers play a vital role in enforcing laws and maintaining order, their authority must be exercised within the confines of legal standards and scrutiny.
Advocates, with their deep understanding of legal principles and their commitment to justice, serve as the essential guardians of this rule of law. They ensure that the actions of law enforcement are lawful, challenge any deviations, and uphold the rights of individuals.
The recent incident involving the law student and traffic enforcement underscores the importance of rigorous legal oversight and the need for legal professionals to address and correct any misuse of power. Ultimately, the integrity of the rule of law depends on the unwavering commitment of both law enforcement and advocates to uphold justice and ensure that no one is above the law.
The author is pursuing B.A. LL.B at Nepal Law Campus, Kathmandu
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