Terror accused can’t be denied counsel: SC
In view of the resolution passed by some advocates’ associations in the country prohibiting their members form appearing for any accused facing trial in a terror case, the top court on Friday directed the state bar councils to take appropriate action against such lawyers’ bodies.
A bench, headed by Chief Justice S.H. Kapadia said since the Bar Council of India (BCI), the apex body for regulating legal profession in the country, had issued certain norms for proceedings against such lawyers’ bodies obstructing an advocate from appearing for a client, the SBCs were duty bound to take action against them.
The CJI said since the SBCs were the regulators of legal profession in the states, it was their duty to enforce the BCI guidelines.
The matter was brought before the apex court by Mohammed Shuaib, whose counsel Colin Gonsalves alleged that some lowers bodies in Maharasthra, Rajasthan, UP and some other states had passed resolution preventing member advocates for appearing for any accused facing trial in terrorism related cases.
“This virtually amount to prohibiting the lawyers from appearing for a particular minority community as most of the terror cases were against the members form that community,” Mr Gonsalves said.
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