July 2001

Monsoon issue vol. 3 no. 2


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SUPREME COURT ADVOCATE WITH NALSAR STUDENTS

—Dr. M. Sridhar

Sri P.P. Rao, Senior Advocate of the Supreme Court, who argued several significant cases that resulted in historical judgements like Bommai case visited NALSAR recently. He spent four days with NALSAR students at Shameerpet campus, discussing several legal and constitutional issues. He responded to wide ranging questions on burning topics like Jayalalitha's appointment as Chief Minister and Karunanidhi's arrest. Answering a question from a third year student of B.A. B.L. (Hons) Mr. Rao said that when suspension of sentence was equated with suspension of conviction, the rejection of nomination papers of Jayalalitha would at the outset become questionable. He explained that two legal views wee possible on the technical point whether conviction and sentencing were treated as one and the same conclusion of the judge. There are four sub-sections in Representation of People Act, which are capable of interpreting differently in the matter of disqualifying a convicted person from contesting elections.
Without involving himself in the political controversy between DMK and ADMK. Mr. Rao presented bare legal situation on the episode of Arrest of Karunanidhi. He explained the law on the subject as follows. When a cognisable offence is complained to have been committed, the Criminal Procedure Code gives power to the police to arrest without warrant. To effect the arrest of any leader with mass following, the police have to chose a strategic time where there will be least resistance from the public to avoid unnecessary lathi charge or firing. It is the duty of a citizen (including political leaders) not to resist the legal arrest for the process of law should go on. At the same time police should observe norms and safeguards prescribed by the Supreme Court at different points of time in case of liberty of a person being curtailed. When Mr. Rao was addressing second year students on significance of fundamental rights and directive principles of state policy a student wondered whether socialism, a basic feature was not violated by the so called privatization and globalisation. Since socialism as concept in Indian context was not defined in specific terms, and when privatization was advanced as a policy with a hope that it would provide alternative to miserably failed public sector activities it cannot be treated as violation of the basic feature, he explained. Another student expressed concerned at the way the parliamentary supremacy and sovereignty was being undermined by indiscriminate signing of international treaties by the executive, for instance the TRIPS. Then the discussion went on the finer points of treaty making powers and the need of responsible behaviour on the part of executive especially to protect the interests of the nation.
Students found the Constitutional specialist in their midst at library and dining hall, besides the corridors of the class room in the new academic block, which provided enough opportunity to seek clarifications and enlarge the discussions on some constitutional controversies. A prolific writer, Mr. Rao felt enthused in four day long interaction with young minds discussing burning topics connected with the Constitution and Criminal Law. Moreover the public lecture on Reservations and Caste-based Reservations by Mr. Rao was thought provoking. He addressed the senior advocates, high court judges, faculty and academics at NALSAR's city centre in Barkatpura which is now the forum for public lectures and diploma programmes. He raised thought provoking discussion on the caste being considered as criterion for backwardness, which runs contrary to the spirit of secularism and fundamental rights of equality assuring no discrimination based on caste. He emphasized that the reservation was a short term programme to raise down trodden to a level from where they are expected to compete. The successive governments have converted this into a perpetual programme and have forgotten the constitutional obligation of comprehensive upliftment of weaker sections. He said that caste reservations created a vested interest in backwardness and provoked forward classes of people to compete for inclusion in the list of backward classes to grab the benefits.
Mr. Rao addressed the fresh batch of students who were just admitted on 1st of July and motivated them to aim high and strive hard to achieve the dreams. He also interacted with the Staff. Prof Ranbir Singh, Director preferred to call him Professor Rao, reminding that Mr. Rao had a successful stint as a Professor at Delhi University before switching over to practice at the Supreme Court. Professor Amita Dhanda, the Registrar said that Mr. Rao had begun the series of guest lectures by eminent personalities from different field of law. Mr. Rao also contributed to institute Gold Medals in the name of his father and mother, and he also agreed to institute another Gold Medal to perpetuate the memory of his elder brother Mr. Sarveswar Rao who initiated him into law.

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