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ravikumarbcombl (advocate)     18 March 2009

lawyers responsibility

Dear Friends, herebelow see the news in The Time of India,

 
 NEW DELHI: Believing in the basic premise of justice and fairplay that every accused is entitled to the best defense, a Delhi lawyer says he is willing to fight for Ajmal Amir Kasab, the lone terrorist caught alive in the Mumbai attack.
M. Shanwar Khan, who has successfully defended six people accused in terror-related cases, believes it is for the courts to decide whether a person is a terrorist or not. "I believe in strengthening our legal system, so there is nothing wrong in defending Kasab. The court has to decide whether he is a terrorist or not, and till then he has a right to request for legal assistance," said Khan.
"I have defended 20 people accused of being terrorists and have been successful in getting six of them acquitted. The rest of the cases are pending in various courts of Delhi," Khan said, adding that Section 202 and 203 of the Criminal Procedure Code (CrPC) of India says that an accused in India is entitled to the right to defense.
"If people like Dara Singh (convicted for the murder of Australian missionary Graham Staines), Lt Col Purohit, Sadhvi Pragya (accused in Sep 29 Malegaon blast) and Nalini (serving life imprisonment for involvement in Rajiv Gandhi's assassination) can all be given legal aid, then why not Kasab?" he asked.
Khan started his practice nine years ago along with his father M Khan and says he has learnt a lot from him. "People often misunderstand my father, but I know him as one of the finest lawyers and a good human being. He often fought cases without charging anything. He believed in the legal process and didn't discriminate between cases," said Khan of his late father.
His list of clients includes those accused of planting improvised explosive devices near the Border Security Force (BSF) headquarters and Sena Bhavan in the capital in 2002.
On what he feels about terrorism, Khan said: "I am also hurt when terrorists kill innocent people as they did in Delhi and Mumbai. Anyone who commits such acts of terrorism against our country must be given the harshest punishment."
 
here the few comments from the readers.......
puneet,Hyderabad,says:some one should tell this "educated" person that when he talks about Dara Singh , Lt Col Purohit, Sadhvi Pragya and Nalini, they are all Indian citizens, Kasab is a pakistani ,this man clearly specialises in defending terrorists .I cannot understand why we need to spend precious time and money to go thru a long legal process and wait for someone to Hijack another plane to get kasab released as well.
[31 Dec, 2008 1525hrs IST]

ravindranath,hyderabad,says:It is too bad to hear that the lawyers are trying to defend a person, who caught red-handed while killing people in Mumbai attacks. Every lawyer should have some responsibility for the country which should be above his personal feelings. They should raise above their community and should think about innocent people, who died on that black day.
[31 Dec, 2008 1514hrs IST]

gaurav,Delhi,says:Somebody tell this guy(khan) that he might be the next victim if kasab is set free..............
[31 Dec, 2008 1513hrs IST]

ankur,Pune, Maharashtra,says:It is unfortunate that someone from our country is willing to provide legal support to Kasab, the person who has taken lives of several innocent peoples.The matter of such magnitude shall be treated seperately without talking much about them sympathetically. It is the time when we all shall stand firm on our stand of no mercy towards any act of barbarism which is against sovereignty of people of India. We will definitely not allow provision of legal support to Kasab. Such lawyers shall be shown their respective positions. We are against providing legal support to Kasab.
[31 Dec, 2008 1510hrs IST]

Vijay Ahuja,New Delhi,says:Fair legal trial for every Indian is their fundamental right but if and only if no unfair means are used by the defence lawyer M Khan who claims to have an unusual success rate of acquittals (Although Kasab ,being pakistani,is getting the same on humanitarian grounds). Law should follow its own course expeditely and if found guilty should punish the perpetrators of terrorism not only them but also the person who abet the terrorism. Special fast track courts should conduct trial on daily basis of terror cases and law enforcement agencies should professionally gather evidence against terrorist which should stand scrutiny of law so that no terrorist can mock our judicial system and no enemy country should plan their freedom by kidnapping our civilians.
finally ok what about our stand on this ....???????   i want to know from all of you..


Learning

 6 Replies

PALNITKAR V.V. (Lawyer)     18 March 2009

There are views and views and views on this.

Shashikant V. Patil (Lawyer)     18 March 2009

Soldiers are taught  to fight for their country and not for enemy.  We all citizen of our country are first soldiers of our country, borne and brought up to serve our country first by any means, by becoming leaders, scientist, lawyers etc.  Every one knows how we got our freedom after long struggle by our freedom fighters. They laid  their lives for this nation ?   Should know the value of patriotism .  If any enemy attacks on your soverign can not be tolerated easily and no one should  dare and spare if some one raises eyebrows against our nation.  Have some patriotism in the hearts so that today also who are protecting us ?only soldiers and security forces are protecting this country and how dare  we protecting this terrorist by taking their Vakalatnama to defend him.  Our soldiers and innocent people are killed in the terrorist attack and how your concious allowing to defend this terrorist. rat her  than having some little bit of patriotism in our hearts and mind.

Shree. ( Advocate.)     18 March 2009

Dear Ravi,


   This topic is already discussed in this forum,you can go through in the below link:


Forum Home > Others > Lawyers refuse to take up arrested terrorist's case!!!!!!! dated 14/12/2008.

ravikumarbcombl (advocate)     19 March 2009

Thank you Shree. .for your information... i already informed to some of my friends i was not here for the last few months... due to an accident.... now alright i will be with all of you..... i will try to update and verify all ... thanks a lot .. keep in touch..

Shree. ( Advocate.)     19 March 2009

Dear Ravi,


 Ok. Sure we join hands & share this beautiful platform given to us  to know more in our carrier– afterall we all joined because of the passion towards LAW –  There are lots of people who are  law experts here,I seriously think if we really implement and continue  the journey – it will not only be a interesting stuff but a real eye opener to lot of us ….

Let us all join hands together  & utilize this platform to LEARN & LET LEARN  !!




A.Mohamed Thaheer (ADVOCATE)     03 April 2009

To get fair justice, some one should come forward to defend Kasab, according to Law, otherwise, the case may get sometimes weakened in favour of Kasab,  if fair trial is not conducted.


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