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| Sunday, 15 August 2004 |
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Why stop at Anticipatory Bail? Light Refractions by Lucien Rajakarunanayake The Council for Legal Education was in emergency session, in a bid to respond to the demand by law students for a new area of law that one could specialize in. The law students wanted something already making waves in the legal marketplace. They had submitted a petition demanding that Anticipatory Bail be made a special area of law, in which one could specialize. Apparently it is now a very lucrative area of law, gaining increasing popularity among clients who could afford heavy fees. The conservatives, liberals, modernists, revisionists and revivalists in the council of Legal Education considered the matter at length with all its possible consequences. As no consensus could be reached it was put to the vote, much against the traditions of the Council. The vote showed a majority in support of the change. The students would be informed that Anticipatory Bail will be a new area of law in the curriculum, which they could specialize in. Read about any serious crime today, particularly defrauding State funds or misuse of public property, as well as abduction, rape or even murder, you will find that if the probable suspect is a person with a public image that is more bad than good, there will be an application for anticipatory bail. The law students read the trend very well. Once a magistrate grants anticipatory bail, the Attorney General usually appeals against it, which means more appearances and more fees. If the appeal is upheld, the original petitioner will appeal to the Supreme Court and if the petition is entertained, there will be more appearances, more markings in court and more fees to be honestly, legally earned. Anticipatory Bail has fast become the new legal pot of gold. But its benefits are reserved for those of wealth, well-earned or not, who can afford costly legal representation. Have you ever heard of any of the many thousand other people produced in court by the Police for criminal activity ever applying for anticipatory bail? Such suspects do not even have lawyers to seek bail after arrest. The result of this new quest for anticipatory bail, when successful at the initial stage, is that the possible suspect remains at large with all the freedom to interfere with the investigations against oneself, especially through the liberal use of money and the influence of politicians and other powerful persons. Having finished the meeting some members of the council came to the favourite watering hole of professionals. "Well, anticipatory bail is one more chance to delay justice" said Jagath Neethiratne, ordering his favourite scotch on the rocks. "Don't look at it that way" said Barr Ginigaasthu. "If the law allows it, what is wrong in earning more fees from it? Wealth must circulate liberally among us black coats too," he said calling for the wine of his preferred vintage. "Don't forget that the law's delays, as it is said, is the real sustenance of our profession" said Yoga Yukthidharan. "Do we ever complain when land partition cases involving disputed ownership get dragged on for years? So why bother about any delays caused by anticipatory bail? "I'm more interested in the much wider scope that can be available with this acceptance of anticipatory bail as a special branch of law," said "Snooker" Neethikeliya, better known for his success at the pool table than at the bar at Hulftsdorp or any other court. "Why don't we think of some anticipatory protection against clients who bring us cases that have no hope of success at all and are bound to be dismissed at the second hearing? We can also think of helping clients with anticipatory prevention from assault, threats of assault, and even conspiracy to assault." "Anticipatory bail gives much scope for extension into other fields too," said Sugath Vedagedera, the leading physician. "I think we doctors should look at some anticipatory protection against patients who come with ailments that we cannot diagnose". "Take care, this may lead to patients thinking of taking anticipatory measures against doctors who cannot cure them," said Vaidya Vattoruva. "I think it is time we thought of taking some anticipatory moves against newborn babies who bawl too loud soon after birth" said Sakala Vinnamburatne, the well-known gynaecologist, who was known for his roaring practice in delivery. "Some of them make such a noise that I'm sure they will end up as politicians and feel guilty of having helped in that delivery," he added. "This entire idea of anticipatory bail should be broadened as to impact on more areas of ordinary life" said Sipiri Samajavardhana, a sociologist who was unsure whether he was a modernist or post-modernist. "I think we should build in an anticipatory clause into the marriage vows, which will protect either party at a break up of the marriage later on. We can even have laws that will provide against anticipatory divorce by either party, if one wants to prolong the agony of living together after all the love is lost". "Now don't you come up with suggestions that will seriously affect us in the legal profession, who are specialists in the field of separation and divorce," said Sarana Dikkasaada, who had made a sizeable fortune through broken marriages. "All of you are evading the main issue" said Ruvan Janakathava, of unknown profession who was regular at this watering hole for his familiarity with all professions. "I think the most important thing is to have some system of anticipatory protection against politicians. The whole lot of frauds, cheats, crooks, and liars. How can we get about doing that? Do you think they will ever pass laws to provide for anticipatory protection from well-known crooks that enter politics, with the whole system being so crooked and corrupt today?" "What I think is that the phenomenal rise in applications for anticipatory bail is the result of having so many crooked politicians elected by the people," said the sociologist Sipiri Samajavardhana. "Exactly" said Ruvan Janakathava. "I think it is time we introduced a scheme of weeding out crooks entering politics through a system of anticipatory vetting prior to nominations. This is something that needs anticipatory mass action, and cannot be left to some NGOs against whom too there is a strong need for anticipatory protective action. All the professionals were enjoying their drinks, and a whole lot of new ideas for anticipatory action were coming out. One other important comment I heard from Kirimel Neethikatha, a leading lawyer in the area of criminal law, was that some blanket legislation be passed to provide anticipatory bail mandatory at least on the first occasion to anyone wanted by the police as a crook, a thief or a fraud, especially among politicians." "What about anticipatory protection from the police" asked one member? "That is what anticipatory bail is said to be all about although I'm not too sure whether it is applied for that legitimate purpose," said another. "I believe that legal aid should provide free counsel to all criminals irrespective of class or position to apply for anticipatory bail. That is real democracy". "Those of the black coat who are briefless will love that" said Ruvan Janakathava, "whatever happens to their clients". |
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