The Hindu : National : No lawyer representing blast accused yet

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Thursday, Aug 03, 2006

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National

No lawyer representing blast accused yet

Staff Reporter

One reason could be Raj Thackeray's statement, says a social activist

MUMBAI: None of the eight men arrested so far in connection with the Mumbai serial blasts have found legal representation. Two more men were arrested at the beginning of this week for their alleged membership of the Students Islamic Movement of India. The Anti-Terrorist Squad does not rule out the possibility of more arrests in the next few days although it is yet to confirm whether any of the arrested are directly linked to the Mumbai blasts.

Teesta Setalvad, social activist, says one reason (why the arrested men have not found legal representation) could be Maharashtra Navnirman Sena leader Raj Thackeray's statement that any lawyer who takes up the cases of the blast accused will have to face the consequences.

According to a lawyer, who does not wish to be named, it does not matter whether Mr. Thackeray's statement stands in the court of law or not. It serves its purpose as long as the general public endorses the thought and the bias against members of the minority community becomes stronger. The atmosphere is such that anyone who represents the blast accused is called an anti-national.

Farhana Shah, who represents over 80 accused in the 1993 serial bomb blasts case, says no lawyer should be stopped from representing the accused. However, the accused person or his relative should approach the lawyers and the court for legal representation. "I am willing to take up a case after studying it. I am not scared of anyone. Raj Thackeray's is an irresponsible statement. The Constitution of India has granted the right to every accused to be defended. It cannot be taken away."

Even during the 1993 blasts trial, it was not easy and those who took cases of the accused were criticised, she says. Usually, if an accused is not represented till the trial starts, the court asks them whether they require legal aid provided by the state. However, till then the accused has to do without a lawyer, who can challenge the prosecution's demand for extensions of police custody or can apply for a bail or bring any complaint on the part of the accused to the court's notice.

Advocate Mubin Solkar, who is representing the accused in the Ghatkopar and Mulund blasts that took place in 2002 and 2003, says he takes up a case only after meeting the accused and after being convinced of his innocence. The threat perception is there, but there are Supreme Court verdicts that have set aside orders because the accused went undefended.

Contempt petition

The Indian Association of People's Lawyers and Committee for the Protection of Democratic Rights has applied for the Advocate-General's consent to file a criminal contempt petition against Mr. Thackeray.

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