Dignity & Honour of Advocate

The Asian Age: New Delhi : Wednesday: 2nd December 2009

 Kazmi claims humiliation 26/11 Kasab trial 
 MUMBAI 

A day after being sacked as lone-surviving terrorist Ajmal Aamir Kasab's lawyer by the special court conducting the 26/11 trial, a disgruntled Abbas Kazmi on Tuesday alleged that the prosecution humiliated him throughout the trial.
Speaking to mediapersons outside the court, Mr Kazmi alleged that from the time he was appointed as Kasab's lawyer, he was constantly taken for granted by the prosecution and humiliated in the open court before judge M.L. Tahiliyani. "I was called a terrorist's lawyer in the open court. I was called Abu Abbas and it was said that Pakistan was going to reward me. I was even called a liar," Mr Kazmi said. "I was put in the category of wanted accused Abu Jindal and Abu Khafa," he added.

Jindal and Khafa are wanted in the 26/11-terror trial, but are allegedly holed up in Pakistan. Mr Kazmi said that he had to face a lot of hostilities. "Despite being a court officer and extending full cooperation, I had to remove my shoes and get them checked. Each time, I entered the court, I had to surrender my watch, pen to the security guard, who shouted and misbehaved with me," Mr Kazmi said.

He pointed out that several Federal Bureau of Investigation officials were allowed to enter the court without being frisked. "Just because they belong to the FBI," he said. Mr Kazmi was however careful not to say anything against the special court.

 http://epaper.asianage.com/Asian/AAge/2009/12/02/index.shtml

Very sad and shameful for the rule of law... S.296 Cr.P.C. reads as follows:

 296. Evidence of formal character on affidavit.

(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.

(2) The court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.

The emphasis is on  THE application of the prosecution or the accused.

The Hon'ble Court may grant or reject the application at its judicial discretion.

There is no provision for sacking the Defense Lawyer in s. 296 of Cr. P.C.

Mr. Kazmi should take up the matter with the Bar Council of India.

 Lawyers fraternity feel pain of his insult.