Gandhi and AnarchySankaran Nair, C. (Chettur), Sir
History
Gandhi and Anarchy
Sankaran Nair, C. (Chettur), Sir
Gandhi, Mahatma, 1869-1948 -- Political and social views; India -- Politics and government -- 1919-1947
(5) A large modification of the ban against lawyers, so as to admit of
several grades of sacrifice from complete abstention from practice to a
giving up of the entirety or a part of the earnings. A way should be
found for getting as many lawyers as possible to work in this movement
provided they are prepared to give the cause at least a part of their
time or money. The Congress ought to modify its call, so as to make it
possible for all honest-minded lawyers to bear the burden of the
country's cause, commensurate with their capacity to sacrifice.
Similarly, in the matter of conducting defences in British courts, some
curious departure have come to be made from the strict Congress rule.
These departures only indicate that, in its operation, the rule has been
found unpractical and irksome. Congressmen are not to engage pleaders
nor offer a defence with legal aid. They are simply to make a
"statement." A statement is as much an aid to the administration of
justice as a lawyer-made defence, and in so far, it equally supports the
prestige of British courts. Only, it has the disadvantage of being
prolix and unconvincing. It, therefore, fails of its mark more often
than a lawyer's defence.
Who can urge that the long and interesting statements made by the Ali
Brothers and their co-accused, in the trial at Karachi were out of
place? Yet they had all the features of a lawyer-made defence, as an aid
to the court. The evidence was discussed, legal objections raised,
relevancy commented on and the prosecution evidence answered. All this
assistance was given to the court, helping it to arrive at truth and
justice, precisely in the same way as a practising lawyer aids judicial
administration.
If a statement is permitted, why cannot a lawyer be employed in Court to
make it more convincing and exculpatory? A statement must be based on
facts, and these facts become material only when proved. On what
rational grounds can, therefore, a statement permitted and yet the
material evidence supporting it disallowed? It is no answer to say that
the statement is meant for the guidance of the _Swaraj_ Courts when the
same are established, for when that eventuality happens, a statement
supported by evidence will be any a better help to these Swaraj Courts
than a mere statement? It is obvious that no Swaraj Court will liberate
a man merely on his own statement, without further inquiry.
Civil Disobedience
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