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(Guest)

O Lawyers,would you accept or reject case of this RAPIST ?

If a hard core rapist appears at your office and says that he has just raped and killed another 15 year girl and requests to you(offering you a sum of Rs. one crore also) to fight his case and save him--please tell me whether you will accept his case and try your best to save him or reject his case ?

If you will reject his case.,Plz. tell me  why you will reject his case ?

If you will accept his case,Plz. tell me how you serve the humanity by proving him innocent and saving him from the clutches of law.?



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 40 Replies

Kiran Kumar (Lawyer)     18 July 2010

well your question is based on morality....

every individual has own professional principles however,  you must observe that Right to Fair Trial, Right of being heard etc. all are constitutional rights of every citizen, whatever is the situation the accused is to be provided with a lawyer.....if the local lawyers avoid then through legal aid....but any accused can not be denied of his right of fair trail which includes providing services of a lawyer.

3 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 July 2010

As per the professional ethics, an advocate must work for the person who surrenders to himself 

1 Like

Arvind Singh Chauhan (advocate)     18 July 2010

A lawyer would do. What a doctor does, when a criminal meets to him and says, he got a gun shot in cross firing while he was firing on police.

1 Like

N.K.Assumi (Advocate)     18 July 2010

I would declare before the judge: Oh! Learned Judge, would you condemned the prisoner without giving him an opportunity of hearing? as even God gave an opportunity of hearing to Adam and Eve before they were expeled from the Garden of eden?

1 Like

Madan Mohan Pandey (District and High court advocate)     18 July 2010

Madhu ji,

I understand wha do you  wsih to listem from other advocated in this regard but

Please do not mix profesionalism with morality.

After all, it is profession of a lawyer to help  him who comes to  seek his help .

The case of Late Mahatma gandhi was quite different who took the cases  in which  client aws  true in nature..

1 Like

PARTHA P BORBORA (advocate)     18 July 2010

How dare you term a person as repist untill and unless a judgement is pronunced by a compitent criminal court? an advocate is duty bound to accept a case of any kind and is duty bound to provide the best legal help available. i think u should go throw some books for your basic knowladge.

1 Like

PARTHA P BORBORA (advocate)     18 July 2010

Morality changes with the changes of time. moraliry is not a daaam rigid thing. so pl donot mix it with profesiional eathics.

2 Like

mahendrakumar (marketing)     18 July 2010

Mr.Bobora,

 

you could have avoided the last portion of your opinion.viz:....i think you should go through some books for basic knowledge.."

1 Like

N.K.Assumi (Advocate)     18 July 2010

Dear Members, such query was posted in the past with lively discussions on this crucial issues relating to Lawyer's duty to defend criminals. Let me post the famous curious case of Mr.Stanley the famous criminal lawyer in Texas, USA. Mr.Stanley, was approached by a black man to defend him for murdering a man. As a lawyer Mr.Stanley accept the brief and defend the black criminal with the best of his expertise knowing fully well that the accused was guilty. However, the man was convicted but for life imprisonment and Mr.Stanley put in application to His excellency the Governor of Texas for mercy petition.Interestingly, before the mercy petition reaches the table of His Excellency, Mr.Stanley, himself was elected as the Governor of Texas State and his own mercy petition was tabled before him for his consideration. All the people waited curiously with the mercy petition but surprisingly Mr.Stanley the lawyer now the Governor of Texas rejected his own mercy petition drafted by his own hand saying that his duty as a lawyer is different from his responsibility as the Governor of Texas State.

2 Like

Renuka Gupta ( Gender Researcher )     18 July 2010

I can understand what Madhu wants to say. There are cases where rapists have been set free, wasn't it Banwari Devi's case,  if I am right? I am not sure I remember correctly, but that was the issue which raised this type of questions and they are very deep questions. A judgement was given in this case that upper caste people would not have s*xual relations with lower caste women and hence would not rape Bhanwari devi who  belonged to lower caste. But don't we know these things happen and with Bhanwari devi it had happened? I do not remember if there was any subsequent judgement turning down the previous one, but would sure go back to her case and see if there were any, and whether finally she was able to get justice. Her and her husband's humiliations and their quest for justice, I think everyone in the legal community must be knowing . Madhu, these are the issues you wanted to raise..not exactly this case, may be some other such episodes? Your question also adresses women's human rights, rights to life of dignity and protection for her bodily integrity. I think this question needs to be looked at from these gender sensitive angles and appreciated that a member has asked a thought provoking question to the people who are engaged  in a noble profession. 

RG

1 Like

Renuka Gupta ( Gender Researcher )     18 July 2010

Mr. Bobora

Which changed moral standards would allow a man to rape a woman or a man for that matter? 

RG

1 Like

GUDAKESH (LAW OFFICER)     18 July 2010

well, lawyers are the officers of court, your case as narrated by you by confession does not have evidentary value. to help the court conduct a proper enquiry and fair, it is the duty of any lawyer to accept your brief.

1 Like

Bhartiya No. 1 (Nationalist)     18 July 2010

"As per the professional ethics, an advocate must work for the person who surrenders to himself” . It is true and this should be the instinct.

One thing I does not like is infidelity by many advocates, since client surrenders everything before them, also exploitation of clients by many advocates, these things are degrading the image this Nobel profession.

So, I request to all BAR councils to address (and take appropriate steps) this complains of clients in order to keep up the nobility and sanctity of this profession.

After all litigants/clients is heart of judicial system.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 July 2010

As per professional ethics, I'll admit to contest his case and try to my level best to save him.

1 Like

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