SC steps in, tells lawyers not to obstruct justice
NEWDELHI: The Supreme Court, on its own cognisance, on Friday ordered Kathua and Jammu lawyers not to prevent the lawyer for the Kathua child victim from appearing in court.
The local lawyers have been reported to be obstructing judicial proceedings in the case of rape and murder of an eight-yearold girl.
“It is settled in law that a lawyer who appears for a victim or accused cannot be prevented by any Bar Association or group of lawyers, for it is the duty of a lawyer to appear in support of his client, once he accepts the brief,” a bench led by chief justice Dipak Misra said.
“If a lawyer who is engaged is obstructed from appearing in the court or if his client is deprived of being represented in the court when he is entitled to do so in a lawful manner, that affects the dispensation of justice and would amount to obstruction of access to justice and interference with the administration of justice,” the bench said.
The court also issued notice to the Bar Council of India, the apex disciplinary body, State Bar Council, Jammu High Court Bar Association and Kathua district bar association, asking them to explain why action should not be taken against lawyers who were disrupting judicial proceedings in the case. They will have to respond to the notice by April 19.
The bench, also comprising justices AM Khanwilkar and DY Chandrachud, agreed to take up the matter on an urgent basis after a group of lawyers from the top court brought to its attention the on-going protests by lawyers in Kathua and Jammu against the police. “We hope and trust that when we are issuing notice, the members of the Bar Associations shall conduct themselves and would not obstruct the smooth functioning of the justice delivery system which includes the presence of the persons aggrieved or accused in court or for that matter the presence of investigating agency and the witnesses,” read the court order.
Advocate Shoeb Alam, appearing for the Jammu and Kashmir government, said the police filed the charge sheet in the rape-murder case before the magistrate on Thursday. He said the team that went to the court was heckled by the lawyers who have demanded a CBI probe.
“Police team was prevented from submitting the charge sheet before the CJM (chief judicial magistrate) court in Kathua. Subsequently, the police produced the accused and submitted the charge sheet at the CJM’s residence,” he informed the court. Alam opposed the transfer of the case to the central bureau of investigation, a demand made by the protesting lawyers, saying the local police had thoroughly probed the rape-murder.