Provocation and the lawyers

The provocateurs must not be ignored By Hafiz Idrees Azeem Aggression can be defined as “any behaviour directed toward another individual that is carried out with the i

PakistanToday

December 20, 2019

4 min read
  • The provocateurs must not be ignored

By Hafiz Idrees Azeem

Aggression can be defined as “any behaviour directed toward another individual that is carried out with the intent to cause harm”. Amongst various personal factors, psychologists suggest that there are some situational factors such as provocation, frustration, and pain which contribute to aggression. Provocation is one of the primary factors behind aggression. Further, after the provocation, there are two possibilities for the provocateur, one is to apologise and the second is to claim that he has justification for it. In the lawyers’ case, at the incident at the Punjab Institute of Cardiology (PIC), the provocateur seems not to have had the second ground, so he should go for the first one.

In a psychologist’s view, man is usually more aggressive under verbal and visible forms of provocation as compared to other factors. Furthermore, when we use the word provocation; it means the one who is being provoked maybe called a victim. Why we should call such a person ‘victim’—because the events of provocation are intentional and malicious. Moreover, the research also suggests that the provocation is more effective in verbal and visible form— because it may be a personal insult— than in physical and assaultive form. Sadly, the provocateur’s viral video is a personal insult for the lawyers.

it is high time for the government to take part actively— not act as a silent spectator— in amicable settlement of this dispute, and not let the grass grow any more under its feet. The loss is of the mases solely, and the governments should be there for them. Lastly, lawyers and doctors are all respectable citizens. They should not be left alone in this quagmire any more

Besides, provocation is considered as a mitigating circumstance in adjudication of a crime and is not a justifiable defence. Yet, it cannot be ignored altogether. Because there are some circumstances when provocation in assault cases may act as a complete defence. However, here it is not even being argued and proved. Rather, the realisation and recognition of the provocation— created, incited, and shared by whom— is the purpose of writing. Unfortunately, it is created by doctors, incited by paramedics of the Punjab Institute of Cardiology (PIC), and shared by the Police and the media.

Since the provocateur’s act compels the victim to do an immoral and illegal act— it is incitement to a display of anger or irritation. Therefore, it might cause a very sensible person to lose his complete control. This is what happened with the lawyers. Thus, in accordance with the lawyers’ stance, the doctors’ provocation and incitement through a video, resulted in a strike and march toward the PIC, where they were welcomed with bricks, batons, and iron rods by the PIC staff. The police’s role was that of a mere bystander and they were waiting and watching everything for the right moment. Since they too were not on good terms with lawyers, so they got a good chance to settle their old scores by their very inaction.

The provocation has not just stopped there. It is still continuing, and the Media is playing its major role in it. Sadly, here as well, lawyers are not in the good books of the media. By airing one side of the picture, it has shown it is unjustified in its antipathy you, and bias against, the lawyers. Neither one can keep one’s eyes away from the provocateur’s act, nor should one.

Why is provocation going on hitherto? Because the lawyers’ broken ribs, legs, and fractured skulls are not considered an offence. The police have refused to register cases. Doctors have refused to issue medico-legal certificates. Has anyone noticed it? Is it legal? Many senior lawyers are in ICUs in private hospitals. Lawyers were heroes of the past and are being presented as villains of the day. Although it was not justifiable what young lawyers did in provocation, similarly, it is also not legitimate what the provocateurs are doing. The law does not absolve provocateurs absolutely. Contribution in a crime, through provocation, is also culpable and condemnable.

As the handwriting is on the wall, it is high time for the government to take part actively— not act as a silent spectator— in amicable settlement of this dispute, and not let the grass grow any more under its feet. The loss is of the mases solely, and the governments should be there for them. Lastly, lawyers and doctors are all respectable citizens. They should not be left alone in this quagmire any more.

The writer is a lawyer and teaches law.

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