www.expressindia.com - Weather | Horoscope | Stocks | RSS
expressindia web city
HomeBlogsCricketAstrology TendersClassifieds Reader Comments Hotels
Sign In / Register | Archive
Expressindia » Story

No lawyer can refuse to defend an accused: Jethmalani

Font Size

Agencies

Posted: Dec 14, 2008 at 1629 hrs IST

New Delhi With certain lawyer bodies declining to take up the case of Mohammad Ajmal Amir Kasab, the lone militant arrested in the Mumbai terror attacks, eminent lawyer Ram Jethmalani on Sunday maintained that no lawyer has the right to say he will not defend an accused.

"There is the express rule of the Bar Council of India that no lawyer shall refuse to defend a person on the grounds that it will make him unpopular," Jethmalani said.

"That is something that should never worry a lawyer. No lawyer worth the name should even talk about this kind of a thing," Jethmalani said and asked the legal community not to worry about peer criticism while taking up such cases.

"No lawyer has the right to say that he will not defend an accused," the eminent jurist told a television news channel.

Asked whether he had been approached to defend the terrorist, he said, "Has Kasab asked me? Let him ask me and I will tell him. Let the Pakistan High Commission approach me and I will give them a proper reply and advise."

Jethmalani said a lawyer should advise his client on the basis of facts. "The lawyer's duty is to say that on the facts I find no defence. The man is guilty on his own confession... unless he instructs the lawyer, the confession was obtained by some force or fraud or whatever, which is very unlikely".

"A lawyer should be able to tell him (the terrorist) that either hanging or life imprisonment is your option. "If you want me to tell the court that you should receive life imprisonment I am prepared to do my best," Jethmalani said.

On the terror attacks, he said, "According to me, a person who thinks that by doing these actions, he is going to heaven he should be denied the chance to go to heaven, he should remain the rest of life in a jail in India".

Discuss this story on expressindia forums
Post Comments
Name* Email ID*
Subject* Country*
Message*
Characters remaining
 
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.
Defending Kasab by Daniel on 01 Apr 2009

Ram is so right. Any lawyer who takes it upon herself to defend Kasab will be defending the indefensible - but all that that she is obliged to do is - tell Kasab as much. :0

DEFENDING KASAB by C S JACOB on 22 Dec 2008

Legal aid is like medical aid or giving food to the person in spite of him being terrorist. Can a doctor say that he won't attend to Kasab for the reason that he has committed mass murders in cold blood? Just as a doctor by treating him does not guarantee cure, a lawyer also does not assure his client that he would make him set free. The Bar Association's stand not to give legal aid is against professional ethics. It should be left to the individual lawyers to defend Kasab or not. Further, it is in India's interest that Kasab is given a fair trial and the crimes he committed and the motivation come before an open court for the entire world to see, than as a press release from the Crime Branch of the confessions said to have been made by him while in custody.

The Law by daniel on 01 Apr 2009

Ram is so right. Any lawyer who takes it upon himself to defend kasab will be defending the indefensible - but all that is obliged to do is - tell Kasab as much :)

BETTER STOP YOUR SENTIMENTS by JOICEE on 10 Jan 2009

Mr. Jacob, if one of your family member was shot dead by Kasab while waiting in the C S T railway stn., you wouldnt have tell all these rubbish setiments. Have you got the courage to tell your sentiments to the family members of the innocent people killed by the terrorists with no reason, just because they were Indians.

LAWYERS DUTY TOWARDS HIS CLIANT. by kanad Bagchi on 15 Dec 2008

A lawyer's primary duty is to be absolutely loyal to his cliant despete the fact whether he has actually the done the wrong or not, because thats for the court to decide. A lawyer should perform his primary duty to saveguard the intersts of his cliant.Every person has the right to be heard and the lawyes makes sure that the right is given to him. After that if he is prooved to be the wrong doer punish him, but if he has not been prooved so then he must be aquited. A lawyer just brings the case in front of the court, he doesnt decide the case in the favour of his cliant. so the statement made my jethmalni is absolutely true and justified. His responsibility towards his cliant whoever it may be is justified.

Jethmalani by Anonymous on 15 Dec 2008

If Jethmalani's kith/kin were one of the innocent people who died...probably he would have some sentiments. Right now...it's a BIG BIG ZERO !!

Indian constitutions needs to be rewritten by intellectuals instead! by Refuge on 15 Dec 2008

I think this whole thing is a big joke. First of all, his statement, "All accused should have a lawyer", yes they should, but if they are not indian citizens then why should indian lawyers defend him? Why not ask pakistan to defend him, at least Pakistan will now accept that this terrorist is a pakistani! Second of all, Why should a terrorist need defense? Is he going to furnish proof that all these people whom he massacred harmed him or his family in someway or the other? Is he going to justify himself for shooting people at random? This whole thing about bringing human rights to terrorists, bringing defense for terrorist is all a big sham! These people should be ashamed of themselves. They obviously have no souls! Thirdly, why should we cremate these terrorists in the indian soil? They should be just thrown out as garbage on the streets. If something goes bad you throw out. So, a human has gone bad/mad here!!

No execution without trial, no trial possible without lawyer by an_roshan0 on 15 Dec 2008

Jehtmalani is correct. A judge cannot make a decision to execute someone without a trial, based on public anger. If lawyers refuse to defend Kasab, then India has to keep him indefinitely, without trial.

The psychtic Lawyer by drmadhani on 15 Dec 2008

This is claasic example of stupidity of a Lawyer.IF there is question or an iota of guilt than certainly a lawyer is supposed to defend. Obvious terrorists murder

Jethmalani by DGupta on 15 Dec 2008

Ramjethmalani is a shame to the Indian Judiacial System and Law. I wish a member of his family was killed in those attacks and than see him defending these terrorists. The Indian Law is made to defend Indian Civil Citizens. They were NOT promulgated to defend Terrorists from "Other" Countries. Is there any mention in the law to defend Foreign Terrorists.Mr. ram Jethmalani, in the name of Indian Law you are shame for Indian Nation. This is NOT the first time you have tried to get in free publicity. Shame - Shame - Shame.

An aged croock can say anything by Amar on 15 Dec 2008

I am sure, Jethmalini is not in his teens and he probably does not have any motivation to keep this country out of reach for terrorist. When you get old such things happen when others are having good time, they may develop some sort of envy towards others (just like terrorists envied growth of India and its vibrant democracy etc...). Do we need to take them seriously!!! It depends on the situation and if you ask whether this is the time to take them seriously, absolutely NO!!Let us give him the credit for what he is worth but let us not make Jethmalini a hero out of nothing!!!

Great Lawyer please think about India also. Don't try to get publicity. by Ajit on 15 Dec 2008

Dear Lawyer, good, its a lawyer saying that a person like Kasab should remain in a jail. So we should keep this Kasab in jail unless there is another Plane Hijacked and we release Kasab the way we did during Kandhar case. Why can't we kill Kasab once our investigation is done? Which law says that a person who is involved in killing almost 200 people and putting a country's security in danger should not be hanged and be kept alive. I request all the respected courts and the justices to take this type of issues very serious and there should be only one punishment to the millitants / terrorists just hang them or shoot them. Jai Hind

RAM JETHMALANI by HANUMANTRAO NARAYANRAO NIGADE on 15 Dec 2008

HE IS RIGHT AS PER INDIAN BAR COUNCIL

JETHMALANI- SHOULD BE TRIED FOR TREASON FIRST for his comments to DEFEND KASAB by Hirak Sen on 15 Dec 2008

Mr JETHMALANI your deeds are always like POLITICIANS - somehow rake up issue to be in the LIMELIGHT.You’re playing with the sentiments of the whole nation. You are a INCORRIGEABLE ROGUE OF THE FIRST ORDER.YOU’RE TRYING TO TEACH ETHICS – No lawyer can refuse to defend an accused: JethmalaniTommorrow, you’ll say NO NSG / ATS SHOULD SHOOT AN ACCUSED.3 Students who threw ACID on 2 GIRLS HAVE BEEN SHOT DEAD by POLICE in encounter in Andhra Pradesh. You would have been the FIRST LAWYER to DEFEND THEM for their HEINEOUS CRIME to DEFEND THEM.JETHMALANI – YOUR COMMENTS ARE ANTI – NATIONAL – YOU SHOULD BE TRIED FOR TRASON FIRST

No Law for Terrorist by Abdulla on 15 Dec 2008

There is no law to defend a terrorist and this terrorist should be hanged in public so as a lesson for other terrorist to give up and enjoy peaceful life.I think in India Islamic Sharia Law needs to be introduce in case of Terrorism DEATH FOR DEATH, thats the end.Why he Jethmalani is thinking of defending this terrorist cos he is Jew (Mossad Agent)?WHEN WILL TRUTH COME OUT TO PUBLIC. WE ARE INDIANS A DEMOCRATE COUNTRY WHY SHOULD WE BE INVOLVED AND KILLED BY TERRORIST TO BENEFIT OTHER COUNTRIES WHO TRIES TO DIVIDE AND RULE OUR COUNTRY. ATLEAST THERE MEDIA COMPAIGN AND DIRTY POLICY WILL NEVER OVERCOME ON SOIL. WE ARE INDIAN AND WE WILL GET THE TRUTH ONE DAY INSHAALLAH. JAI HIND HINDUSTAN ZINDABAD

lawyer for what?? by vrisika on 15 Dec 2008

Jethmalani is wanting to make more money. Why does the captured terrorist need a lawyer ? What is he disputing about? He is responsible for the death of so many innocent people. That is enough evidence to put the noose round his neck.

Dharma by Jayadevan on 15 Dec 2008

After a battle, the doctors taking care of the wounded do not look at their uniforms. In much the same way, a lawyer, when he puts on his robes for the first time, takes on a responsibility from which he cannot run away. Dharma does not allow your personal feelings and beliefs to come in the way of doing your duty The lawyer's and the judiciary's dharma is to see that justice is done and that it is seen to be done. The due processes and the institutions are what keep us away from savagery. If we deny someone due process for even valid reasons, it sets a precedent which can be repeated for some less valid reasons. All our culture and institutions are a dam which we have built to hold back the savage "survival of the fittest" credo which is natural to us. The smallest leak eventually brings the dam down. It is in these times when we start doubting our values, that it is most necessary to cling on to them. Dharmo Rakshati Rakshitah!

Why need Lawyer??? by Ahmed on 15 Dec 2008

Jethmalani should think 100 times prior to say something. He is talking as per rule and regulation but same time please do not forget 26/11. Jethmalani should ask Pakistan to provide lawyer to defend Kasab. This is really horribleto to know that we are talking for defend. Why??? we dont have enough evidence against him or we forgot 26/11. Really shameful. all over the world knows that Kasab is terror of 26/11 and we lost 200 our dearest and nearest. What more evidence we need. i dont have words....

Why should Terrorists be defended?? by Manoharan on 15 Dec 2008

Mr.Jethmalani is a cheap stake trying to be in the spotlight by projecting as if only he is the "rhakwala" of the Indian constitution. This pakistani pig is not just "accused" but he has been clearly caught on CCTV killing innocents and policeman - Why should he be defended??

Well said. by U R Right on 15 Dec 2008

Well said, indeed. It is the responsibility of the judge to 'judge' and not a lawyer. a lawyer is responsible to argue the merits (or lack of it) of the case so as to 'guide' teh court.

JETHMALANI'S COMMENT by NAGRAJ on 15 Dec 2008

WHAT HON'BLE JETHMALANI DOES NOT KNOW IS THAT A TERRORIST IS A TERRORIST AND ANY BODY DEFENDING HIM AMOUNTS TO ABETTING TERRORISM. A JURY SHOULD BE SET UP AND ON COMPLETION OF THE HEARING IF THE EVIDENCE POINTS OUT THAT HE IS THE PERSON WHO HAS CARRIED OUT THE ACT MUST BE EXECUTED . HAS AZAR MASOOD AND AFZAL GURU WERE EXECUTED THE WINGS OF THE TERR0RISTS COULD HAVE BEEN CLIPPED. THE HI-JACKING COULD NOT HAVE TAKEN PLACE. AND THESE FELLOWS COULD HAVE LIVED ANOTHER DAY TO PLAN FOR THIS MUMBAI CARNAGE. IT IS BETTER JETHMALANI TAKE SOME REST FROM HIS PROFESSION.

No lawyer ca... by utham on 15 Dec 2008

The views of Mr. Jethmalani and the lawyer who refused to appear for Kasab are entirely on different points. The lawyer who refused says that he has seen the ghastly attack and that he is shaken by the level of devastation and he cannot appear for such a person. He is not worried that he wll become unpopular.

Show the way man! by Harish Patel on 15 Dec 2008

So why don't you little man Jethmalani defend this terrorist thug?

JUTHMALANI.... by BABUBHAI S PATEL on 15 Dec 2008

WHAT JUTHMALANI SAYS ,IS THAT A LAWYER CAN NOT HAVE "CONSCIENCE .....!!!!

Jethmalani by prkash70001 on 15 Dec 2008

ITs does not matter; actual name is "Jethmalani" not "JUTHMALANI" and not "CONSCIENCE" its "Conscious". Giving Lawyer shows indian democracy MATURITY; IN UN murders/terrorists are provided with lawyers to defend themselves; mostly those people loose; by providing them it shows true JUSTICE in the form "proofs" are against terrorist, which I am hoping for and I know he will proven guily 1000%; but should be GIVEN lawyer. People who are against providing him lawyers are either idiots or stupids or donno who justice works.

I agree by avinash mulye on 14 Dec 2008

I agree with Mr. Jethmalani to a great extent. It is not for the lawyer/attorney to decide whether a person is a criminal or not. That is court's responsibility.But a lawyer has to have the right to refuse to take the case without quoting a reason. If a lawyer is forced to take a specific case against his/her wish then it is like bonded labor.

No lawyer can refuse to defend an accused: Jethmalani by Kaivalya H. Rawal on 14 Dec 2008

To Jethmalani's comments about defending terrorists, I won’t say all lawyers are after "popularity" (something of course, which Ram always seems to be leaning for!), rather principles (not ideology!) and conscious. I responded to an earlier link about CJ Balakrishnan's similar comments on the grounds of constitutionality. These arguments are reasonable if charges are anything "but” related to the heinous crime of terrorism. For terrorism however, I would argue that it should be left to the lawyer to decide if he wants to defend a terrorist! Lest the plaintiff can seek direct assistance from his parent state (which he seems to be doing now) or become a “pro se” litigant! I believe the framers of the Indian constitution could not have possibly foreseen any

Being a Lawyer by Siddharth Mathur on 14 Dec 2008

Rather than making a comment on the sayings of Mr. Ram Jethmalani that whether his views about lawyers are justified or not, one reading his views should infer how difficult the work of a lawyer is and how vulnerable is he to the public critisism. The lawyer's profession is not about saving or accusing a criminal, but to provide equal opportunity to the accused to exercise his right, just like others have.

Latest News

Business

Showbiz

Sports

No procedure, justice applied in deciding my age: Army chief

Let us not be over-sensitive about India, China ties: Krishna

After Guj HC snub, Modi takes Lokayukta row to apex court

JuD claims Imran Khan will attend its 'Defence of Pakistan' rally

Team Anna to kick start its campaign from Haridwar on Jan 21

Have foiled coup attempt to overthrow govt: Bangladesh Army

Jarawa video case: Police arrest 2 persons

More
© 2011 The Indian Express Limited. All rights reserved
Advertise With Us | Privacy Policy | Feedback | Express Group | Site Map