Should an advocate not represent Kasab's case?
J K Agrawal
(Querist) 14 December 2008
This query is : Resolved
My question is 'Should an advocate not represent on behalf of Kasab ?"
"Advocate Dinesh Mota who was asked by the Maharashtra legal aid to take up Kasab's case has refused to do so. Speaking to the media persons he said, “I was asked to take up Kasab’s case by the Maharashtra legal aid. But I refused to do so,” he said.
Mumbai attack accused, Mohammedd Ajmal Kasab has been in police custody since November 27. Ajmal was arrested from Girgaum Chowpatty while his associate Ismail Khan was killed in a police encounter on the fateful night of 26/11 attacks.
Ajmal and Ismail had killed 55 commuters at CST and three senior police officers, including Maharashtra ATS Chief Hemant Karkare.
Ajmal has been charged with murder, attempt to murder and conspiracy. Ajmal is being tried in 12 cases in the Mumbai terror attacks."
Tribhuwan Pandey
(Expert) 14 December 2008
This is the fairness of our legal system to provide an advocate to an accused so much as heinous crime he has done.
Kasab is not only accused but he is also a terrorist. Our hot displeasure against Kasab is accurately right.
But to maintain the dignity of our legal system in the world some one advocate has to come to handle the case of Kasab only to assist the court what law is in his favour not for the help what he has done.
J K Agrawal
(Querist) 14 December 2008
Thanks Mr Tribhuwan.
Rajesh Kumar
(Expert) 15 December 2008
Refusing to take up the case is a misconduct within the meaning of rules frames by Bar Council of India for conduct of advocates. An advocate is bound to take up the matter, and should do his best to protect the client, irrespective of his personal opinion of the accused's guilt or otherwise.
Thus even when an advocate is convinced that the accused is a terrorist, then also it is his duty to protect the client.
Asssitance of a lawyer is not a privilege granted by a lawyer to some person, such assistance is a right of every person- and such right cannot be denied even by the lawyer.
J K Agrawal
(Querist) 15 December 2008
Thanks Mr Rajes
advocatejk@yahoo.co.in
Srinivas.B.S.S.T
(Expert) 17 December 2008
I do agree with Rajesh Sir. The duty of an advocate is to defend his client. It is immaterial whether he is culprit or not.
