One common complaint heard today is that the Advocate visits the jail but refuses to come to the

Police Station.

Around a few months ago, when I was in a discussion with a junior of a state designated senior counsel,

I raised the same topic.

He narrated an instance when one of the clients of the state designated senior counsel wanted him to

accompany him to the police station.

The senior advocate refused.

The client said “ Do not forget that I have paid you twenty thousand rupees as advance, in this matter.

You are ethically bound to come to the police station and right now ”.

So the senior advocate replied “ I will throw the money you have given, right on your face.

Come and collect it straight-away, right now.

Advocate has no job in the police station. Let the matter reach the court.

The advocate will take it up there at the court “.

_____________________________________________________________________________________

So, I raised the same topic to another senior advocate, retired and now in his late 70s.

He said “ Yes, as a matter of fact, it is indeed true that the advocate has no job in the police station ".

The police are trained in the basics of law and they can categorize the offence and file a case.

The advocate should not even attempt to influence the police to file this case and not that case.

The police cannot be prevented from doing their job.

Right or wrong, that can be contested later in court.

When it comes to the court, based on the merits or de-merits of the case, the advocate would

handle the case legally and either get the same quashed or proceed to ensure appropriate

legal treatment.

___________________________________________________________________________________

Then one day, I was having a discussion with a retired police officer, at the airport.

He was telling me about the duty of a police patrol team to constantly patrol the area,

24 hours and ensure that no unlawful assembly is seen and this way the public too thinks

twice before committing a crime since the police might always be around.

He then lamented the condition today, of the police force.

I raised this topic then of the advocates refusing to visiting the police station, especially

during matrimonial dispute related arrests . He started laughing.

I asked him why he is laughing it off.

He told me “ It is good that the advocate does not visit today’s police stations ".  

I will tell you the reason.

Practically, on field, what happens is that the moment a complaint is filed in the police station

and the police summon the accused, the corrupt type of police officers, keep thinking of ways and

methods to open the topic of the rate card for bribe. 

Each offence has a rate card as bribe.

But they cannot openly seek bribe.

The moment they see a black-coat ( advocate ), the corrupt ones among the police become extremely pleased and happy.

This is because they now have an intermediary agent who understands their language and to

whom they can convey the rate card to the accused.

Since the police constable too treats the

post-graduate and

senior advocate as a broker / agent,

the advocates avoid police stations.

Technically too, the advocate is right in telling that “ An Advocate has no job at the Police Station “.

Then  I asked him how is it that the advocates visit the jail.

He replied and gave these facts.

“ Those advocates are usually fresh pass-outs or juniors or independent free-lancers ".

The moment a person is arrested and taken to jail, the lower-rung police send an sms to

some advocates on their network.

This advocate will  just file the vakalathnama and take care of the bail for the accused.

The accused pays the advocate and the advocate pays a commission to the police man.

In fact, till recently upto a  few years ago, after LLB, the advocates would start searching for

recommendations and references to join a reputed law firm. They would not step into police stations.

But now, in recent years, immediately after their LLB, some advocates who decide to make

quick money by criminal law practice, first get in touch with the police stations and

build their professional network there.

Evenings, usually, these advocates can also be seen near the jails, enquiring if any accused / prisoner

needs an advocate.

But the professional advocates would however deal through the court of law and avoid even speaking to us.

These professional advocates say they will speak to

us through the law and the courts.

So you have the reasons for advocates visiting jails but not the police stations.