The Supreme Court on Monday admonished the Gurgaon Bar Association for passing a resolution banning its members from representing an accused in the murder case of a seven-year-old boy, and said that an accused should never be denied access to a lawyer.
‘Allow representation’
Even after the Bar’s lawyer Ravinder Kumar Yadav assured the court that the resolution had been withdrawn, a Bench led by Chief Justice of India Dipak Misra did not drop its stern countenance and said it was not in the tradition of the profession to stop an accused — whatever be the crime — from being legally represented in a court of law.
“We sympathised with the parents,” said advocate Yadav, in an attempt to explain the Bar’s actions.
“Sympathy is different, It does not mean not allowing a lawyer to represent an an accused in a court,” Chief Misra replied sharply.
The court recorded the Bar’s decision to withdraw the resolution and observed that it would be the responsibility of the Bar officials and lawyers to see to it that no harm comes to the accused, his lawyer and family during hearings in the case before the Special Court under Protection of Children from Sexual Offences.
Accused senior official of Ryan Group Francis Thomas, represented by senior advocate Mukul Rohatgi, initially submitted that he wanted the trial to be transferred out of Haryana.
Case transfer plea
But Mr. Rohatgi did not press the request after the court’s direction fixing liability on the Gurgaon Bar.
Mr. Rohatgi submitted that the situation in the court was so hostile that his client feared for his life. He argued that his fundamental right of access to justice and legal representation was denied.
The police has arrested 42-year-old bus conductor Ashok Kumar for the murder of the seven-year-old in the wash-room on the premises of the school.
The victim’s father, meanwhile, has asked the apex court to lay down safety guidelines making schools accountable for any untoward incidents involving students on its premises. The court has issued notices to the CBI, the Centre, the Haryana government and the CBSE over the plea.
The court has also taken cognisance of a plea by two women advocates for framing of “non-negotiable” child safety conditions.
