Courage is not a prevalent virtue in our legal fraternity save some honourable exceptions. This was evident during the spurious June 1975 Emergency when many lawyers were scared to appear for the victims of Emergency and invented ingenious excuses for their refusal. Recourse to violent strikes by lawyers, burning down a police station situated in the High Court and battling with the police are not commendable acts of courage. These are condemnable onslaughts on our legal system and judicial institutions. Regrettably, senior lawyers do not resolutely oppose these unruly elements because they are afraid of their personal safety.

In this context and despite the intimidation and violence unleashed at her home by goons masquerading as patriots, the decision of Anjali Waghmare as a lawyer appointed by the legal aid panel to defend the terrorist Kasab is truly courageous and commendable. It is in the best tradition of the Bar epitomised by the great Thomas Erskine in England and Clarence Darrow in the US, namely not to deny legal representation to unpopular persons accused of heinous crimes. It is not realised that Kasab’s likely conviction based on overwhelming evidence may yet become vulnerable and flawed if he is denied a fair trial—one of whose essential components is adequate legal representation. Moreover, India’s requests for extradition of Dawood Ibrahim and other criminals who have found hospitable sanctuary in Pakistan may well be declined on the ground that the extradited person will not have a fair trial in our country and Kasab’s case can be cited as a telling instance. The deep anger against Kasab is certainly understandable. However, let us not convert our country, which has an impartial judicial system and an independent legal profession, into a banana republic by denying a fair trial to the despicable Kasab. It would be indeed ironic if he has the last laugh.

... contd.