SC refuses to transfer case out of Gurgaon

THE SC JUDGE TOLD LAWYERS NOT TO OBSTRUCT PROCEEDINGS IN GGN COURT

NEW DELHI: The Supreme Court refused to transfer the murder case of an eight-year-old Ryan International School student from Gurgaon to Delhi but directed the lawyers of the district courts there not to obstruct the proceedings in the trial court there.

A bench headed by Chief Justice Dipak Misra issued the order after the local bar body informed the court that it had withdrawn the resolution where they had said no lawyer will represent any accused in the case.

The chief justice noted the accused had the right to hire a defence counsel and the bar was under obligation not to obstruct any lawyer from appearing in the case.

The comments were made when the bench took up a petition filed by the administrator of Ryan International, arrested in connection with the case. Francis Thomas wanted the court to move the case from Gurgaon to Saket district court in Delhi so that he can get legal assistance. Thomas cited the resolutions passed by district bar associations of Gurgaon and Sohna, vowing not to defend the accused.

Thomas’ lawyers, senior advocate Mukul Rohatgi and advocate Sandeep Kapur, narrated the events that unfolded in the courts pursuant to the incident. They said there was a “hostile atmosphere” at Sohna court and no lawyer was appearing for the accused in the case.

However, taking note of the bar association’s latest decision, the bench said, “We must say without any hesitation that any accused, whatever the offence maybe, has a right to be represented by an advocate. The tradition of bar does not authorise any bar association to pass a resolution like this.”

“However, the solace is realising the fault. The bar association has withdrawn it (resolution),” the court said.