SC pulls up lawyers for not taking up Ryan official’s case

Supreme Court (Files)

The Supreme Court Monday condemned a resolution passed by the Gurgaon District Bar Association that had asked advocates not to take up cases of the Ryan school murder accused, saying that every accused had the right to be defended by a lawyer. “The tradition of the Bar is that they are under an obligation not to obstruct any lawyer from appearing for any accused, whatever it is,” a bench headed by Chief Justice Dipak Misra said, adding that the association should not have ventured to pass the resolution.

The court made the remarks while hearing a plea by a Regional Head of the Ryan Group, who was arrested in connection with the death of a seven-year-old student in a school run by the group in Gurgaon. In his petition, the Group’s Regional Head, Francis Thomas, sought transfer of his case to Delhi, saying lawyers were unwilling to represent him. “This is what we are facing. No lawyer is appearing for the accused,” senior counsel Mukul Rohatgi, appearing for the official said. He added, “I (Thomas) have faced such a hostile atmosphere there.”

Meanwhile, a lawyer appearing for the association told the bench that the resolution had been withdrawn and lawyers were free to represent the accused. In view of the submission, the court disposed of Thomas’s plea but recorded its displeasure. “We must say without any hesitation that any accused, whatever the offence may be, has a right to be represented by an advocate. The tradition of Bar and of access to justice does not authorise any association to pass such a resolution. However, the solace is that realising the fault, it (resolution) has been withdrawn,” the bench, also comprising Justice A M Khanwilkar and Justice D Y Chandrachud, said.

The court also said no member of the Bar or anyone else shall create any impediment for the ingress and egress of the counsel representing the accused or their family members. The onus of ensuring that the court’s orders are respected is on the lawyers, it added. Rohatgi said that in view of the association’s changed stance, he was not pressing the matter further.