The Hindu : New Delhi News : Attacks on human rights lawyer condemned

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Thursday, Aug 21, 2008
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New Delhi

Attacks on human rights lawyer condemned

Staff Reporter

NEW DELHI: The Forum for Democratic Initiatives (FDI) has condemned alleged attacks on Mohammad Shoaib, an independent human rights lawyer at the Lucknow Sessions Court, for providing legal aid to Muslim youths charged by the Uttar Pradesh police with being terrorists.

Expressing shock at the alleged attacks at a press conference here on Tuesday, lawyer Colin Gonsalves said: “A lawyers’ association has no right to judge who is guilty and who is not. As a lawyer, I have the right to contest for my client and no one can stop me from doing so. Similarly, the accused has the right to choose his lawyer. Such attacks militate against the very process and principles of justice enshrined in the Constitution.”

Attacked twice

Mr. Shoaib was allegedly assaulted by a group of lawyers on August 12 when he was in the court to appear in Naushad versus the State case. It was only at the intervention of the others present in the court that he was rescued. Mr. Shoaib sent a copy of his complaint through registered post to the Senior Superintendent of Police and hand delivered his complaint to the District Judge the following day. Following this, the same group of lawyers allegedly attacked him again in the court premises.

Stating that the trend had started long ago but they did not react earlier, lawyer Vrinda Grover said: “The emerging trend of bar associations passing resolutions against defending certain accused is disturbing and needs to be condemned in the strongest terms. It is a gross violation of the right to legal representation. This extremely reactionary role of bar associations needs to be condemned by the lawyers themselves.”

‘Interference’

Terming the alleged attack on the lawyer as “interference with administration of justice”, lawyer Prashant Bhushan said: “In the wake of every terror attack, the police make some arrests and claim to have worked out the case. But on several occasions, the police fail to substantiate charges and the accused is proved innocent. Even in the Parliament attack case, the court acquitted three of the four accused. One is innocent until one is proved guilty is the fundamental principle of the rule of law. So everyone is entitled to be represented in the court. If this is not allowed, it will be end of rule of law in this country.”

Former Delhi High Court Chief Justice Rajindar Sachar said all accused enjoyed a Fundamental Right to justice and the attempts to obstruct this process should be condemned.

Tabling the demands of the FDI, advocate Ravindra Garia said all lawyers who indulged in the assault be brought to book without delay.

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