Tuesday, 8 January 2013

A Disgrace


It is reported that some members of Saket Bar Association created a disorderly scene yesterday at the time when the Delhi gangrape accused were produced in Court, and shouted at a lawyer, Mr Manohar Lal Sharma, who wanted to appear for the accused. It is also reported that some members of an N.G.O. Pragatisheel Mahila Sangathan shouted at Mr. Sharma and Mr. Anand who wanted to appear for
the accused saying that they should not appear for them since they are accused of a serious crime. If these reports are correct it is disgraceful. Every person accused of a crime, however heinous and despicable it is alleged to be, has the right to be defended, as Article 22 of our Constitution states. Those lawyers who behaved like this and created a turmoil in Court, as reported, so much so that the Judge had to rise and go to her chamber, not only deserve to be punished for Contempt of Court, they
should also be proceeded against by the Bar Council for breach of professional ethics. As observed by the Supreme Court in A.S. Mohammed Rafi vs. State of Tamil Nadu (see online), every person accused of a crime, however heinous, wicked and vicious it may be regarded by society, has a right to be defended in Court, and it is the duty of the lawyer to defend. If this principle is not observed democracy
and the rule of law will collapse, and lynch law will follow.

8 comments:

  1. I saw some insensible and rude comments in an earlier post you posted on the topic.People are being cowed down by emotional outburst and that lacks sanity.

    As I mentioned in my comment in the previous post , I again agree with you that it is the basic tenets of democracy and civilized society that an accused has to be represented by a legal advisor . It is different matter that has no bearing on this convention that the accused is really guilty or pleads guilty.
    The lawyers in the Bar in Delhi have erred.


    However is it not true that the big wigs in the legal fraternity have not come forward to take up the case of the accused because they are from economically ordinary backgrounds?

    ReplyDelete
  2. I cannot agree with Justice Katju more. Every accused has a right to be defended whether it is Ajmal Kasab, Anders Breivik, Timothy Mcveigh or Osama Bin Laden.

    I dont know what the lawyers in the Saket Bar studied in college. I guess they are not familiar with Blackstone´s formulation (See http://en.wikipedia.org/wiki/Blackstone's_formulation) which shows us how ´better that ten guilty persons escape than that one innocent suffer´.

    Also, unless we have a proper trial, we wont know if some of the accused need to be punished more or less, depending on what they did and did not do on that day. Maybe one of them plotted the whole thing and he needs to be given a higher punishment. Maybe one of them tried to stop the others mid way through their brutality.

    Are we some medieval society or lynch mob to just kill them or punish them?

    ReplyDelete
  3. Here comes the pontificator with yet more sermons forgetting that his inglorious days days as a third rated judge of a third rated country was long over. The best this guy can do is to stop throwing his two cents on issues that are not relevant to him. Another cheap publicity seeker.

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  4. Katju sahib, lynch law is here because the so called rule of law has failed us. And rest assured lynch law will be far more effective. This development is a reflection of failure of our judicial system. Par aap logon ko aina dikhao to app bura maan jaate hain aur blame game shuru kar dete hain!

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  6. Katju you, lynch is here, because the rule of law has failed us. And rest assured lynch method is more effective. This development reflects our judicial system failure. Par aap login to the application dikhao ko aina maan jaate hain bura accused the game itself shuru kar dete hain!
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