How the Shiv Sena may end up helping Kasab
SHIV SAINIKS who attacked the house of an advocate willing to represent Mumbai terror accused Ajmal Amir Kasab and bar associations that have asked lawyers not to defend him may be inadvertently helping the Pakistani national.
It may be an easy case to secure conviction but a superior court can easily set it aside if Kasab pleads that he did not get proper legal aid.
The Supreme Court has repeatedly said a trial in which the accused did not get an opportunity to defend himself can be declared invalid. Chief Justice of India K.G. Balakrishnan recently criticised bar bodies for asking lawyers not to defend Kasab, saying it would undermine the credibility of the trial.
Experts said if Kasab was not defended, the process to punish him could not start.
“Those objecting to legal aid to Kasab are in fact playing into the hands of terrorists, though not consciously said senior advocate Colin ,” Gonsalves, who represented Parliament attack case convict Mohammad Afzal in the Delhi High Court. “If the trial cannot begin, how can he be convicted?” Noted criminal lawyer Ram Jethmalani, who defended Indira Gandhi’s killers, reacted strongly to the attack on lawyer Mahesh Deshmukh’s house.
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It may be an easy case to secure conviction but a superior court can easily set it aside if Kasab pleads that he did not get proper legal aid.
The Supreme Court has repeatedly said a trial in which the accused did not get an opportunity to defend himself can be declared invalid. Chief Justice of India K.G. Balakrishnan recently criticised bar bodies for asking lawyers not to defend Kasab, saying it would undermine the credibility of the trial.
Experts said if Kasab was not defended, the process to punish him could not start.
“Those objecting to legal aid to Kasab are in fact playing into the hands of terrorists, though not consciously said senior advocate Colin ,” Gonsalves, who represented Parliament attack case convict Mohammad Afzal in the Delhi High Court. “If the trial cannot begin, how can he be convicted?” Noted criminal lawyer Ram Jethmalani, who defended Indira Gandhi’s killers, reacted strongly to the attack on lawyer Mahesh Deshmukh’s house.
To read the full article, click here..
To read the ePaper, visit: http://epaper.hindustantimes.com
Labels: Advocate, Ajmal Amir Kasab, Chief Justice of India K.G. Balakrishnan, Forest Minister Qazi Mohammad Afzal, SHIV SAINIKS
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