Yesterday I Signed and put up a petition on my FB wall asking Bar Council of India to initiate action aginst the defence lawyers in Nirbhaya case for their horrendous statements…
My inquistive friend Aalok Mishra raised the questions of freedom of holding on to one’s opinion
here is his my response and his later comment…
@ Aalok Mishra, I was just coming to your comment dear. No need to refrain from commenting. just try to understand, in this case it is not a matter of their personal opinion. They are practicing law under some shared legal parameters. In law, every opinion has implications. In this case, the implications being that the onus of rape is not on the rapist but on the victim. Moreover by saying the he would burn his daughter alive, one of these characters is openly declaring his intent to murder. let hm just mention the name and it will be a full blown criminal offence. I hope it is clear by now that they are violating their professional code hence the Bar Council action is very much called for. They are of course at liberty to play, what may be called ‘lawyers’ games’ in favour of their clients, but they cannot violate the professional code. Let me give you one telling example. In Jessica murder case, the defence lawyer Ram Jethmalani argued that it was not his client, but “a tall Sikh gentleman” who shot at Jessica. It was of course laughable, but part of what I called “lawyers’ game.’Now, imagine him arguing that the murdered girl was to be blamed for murder since she chose to do the bar-tending at a party. Had he argued thus, Bar Council would have been totally justified in initiating action against him as well. generally speaking, lawyers, doctors, teachers, journalists have been traditionally respected as ‘noble professions’ precisely because they are supposed to enlighten society even while earning their bread and butter. These two lawyers have proved to be blots on their profession and must be admonished accordingly.
and Aalok’s response to this…
Thanks for the response. I had not thought of this angle.about the code of conduct. It might be a breach of professional integrity somehow. I will learn more about that from my friends who practice occasionally. Thanks again for allowing and facilitating dialogue on the timeline. That is a rare virtue which you have. Nice talking to u sir. tk cr….
This was a good dialogue…
wasn’t it?
