This Article is From Jan 08, 2013

Justice Markandey Katju's note slamming lawyers for scuffle in Saket court

Justice Markandey Katju's note slamming lawyers for scuffle in Saket court
New Delhi: Press Council of India Chairman Justice Markandey Katju has written a note slamming the drama outside a court in Saket in Delhi where the six men, accused of brutally gang-raping and assaulting 23-year-old medical student, are being tried.

Here is the full text of the note:

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 NGO 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 AS Mohammed Rafi vs State of Tamil Nadu, 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.


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