Mumbai terror attacks: Lawyers decline to take up case of Iman

Mumbai, Dec 06:

Sticking to the resolution passed by the Bombay Metropolitan Magistrate Court's Bar Association, several criminal lawyers are shying away from taking up the case of the sole arrested person in connection with last week's terrorist carnage citing ethical constraints.

The Association, which has more than 1,000 members, has for the first time passed such a unanimous resolution which says none of its members will defend any of the accused of the terror attacks.

Mohammad Ajmal Amin Iman was arrested on November 26, the day the terrorists struck at different locations in Mumbai.

Senior criminal lawyer Majeed Memon said "there are certain ethical restrains which may make a conscientious lawyer from defending certain accused persons. When a lawyer is aware that the accused was in fact caught red handed committing an extremely serious offence, there is no question of us appearing in this case."

Advocate Mubin Solkar, appearing for accused in the 7/11 Mumbai serial train blasts case and the recent Indian Mujahideen case, agreed with Memon and said "although it is unconstitutional to refuse legal aid to any accused, we have seen with our own eyes the arrested terrorist shooting at innocent people. Aiding him means burning our own fingers."

Criminal lawyer Shahid Azmi, however, pointed out that no bar association can pass such a resolution asking lawyers not to take up a particular case and that it is up to the sole discretion of the lawyer whether or not to defend an accused.

Bureau Report

Your comment(s) on this article

Whether to take up the case or not should be left to the discretion of lawyers. No one else should make up their minds for them. This being a case of international proportions, Pakistani lawyers should be allowed to plead. Now that this particular terrorism act is over, the surviving terrorist is harmless. Let at least our institutions and procedures function as per constitutional propriety. -K.Venugopal - Mumbai

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