The Hindu : National : Contempt petition to be filed against Raj Thackeray

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Friday, Aug 18, 2006

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Contempt petition to be filed against Raj Thackeray

Special Correspondent

MUMBAI: Two civil rights organisations will file a petition in the Bombay High Court after the Maharashtra Advocate General granted them consent to initiate criminal contempt proceedings against Maharashtra Navnirman Sena president Raj Thackeray for his statements warning lawyers against representing accused in the July 11 blasts cases.

On July 31, the Indian Association of Peoples Lawyers (IAPL) and the Committee for the Protection of Democratic Rights (CPDR) wrote to the Advocate General, R.M. Kadam to give his consent to file the petition against Mr Thackeray. Mr Thackeray had, in a meeting on July 16, to offer condolences to the victims of the July 11 serial blasts, warned lawyers against defending the accused in the blasts case. He said his party would organise protests against such lawyers. Both IAPL and CPDR felt such statements would intimidate lawyers and deter them from appearing for these accused.

Threat

Mr. Thackeray was quoted in various press reports as saying that "we will thrash the advocates who take up the case for the accused in the recent bomb blast case." Mr. Kadam in his letter dated August 14, said that he was satisfied that the statements would prima facie amount to criminal contempt of court. "It is well established that any conduct which is aimed at deterring an advocate from discharging his duty would amount to contempt of court. The real end of judicial proceedings is to ascertain the true facts of the case and dispense justice. Judges, magistrates, the parties, their pleaders, advocates, witnesses and the staff of the court are all persons who constitute the limbs of judicial proceedings," he said.

Besides, he added that howsoever guilty a man might be, a counsel who is instructed to present his case must do so to the best of his ability. The statements attributed to Mr. Thackeray would seriously prejudice the case of the accused, a fair trial and the freedom of advocates and would interfere with the course of justice, Mr. Kadam concluded.

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