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Lawyers as judge and jury

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  • In a press release issued from the CM’s office a day after the serial blasts in Faizabad, Lucknow and Varanasi on November 23, there is a mention of unconfirmed speculation that the blasts targeted advocates since they have refused, over the last three years, to defend individuals accused of terrorist actions in these three cities. The lawyers had also recently assaulted five men in Faizabad arrested for alleged terror crimes in UP — including three arrested recently in Lucknow on charges of plotting an attack on Rahul Gandhi — when they were produced in local courts.

    In addition, UP has been witness to unruly court room scenes where advocates raised slogans and manhandled people. Acharya Jugal Kishore Shashtri of Ayodhya and colleagues, arrested in January 2006 during an event on Periyar’s birthday after being charged of having caused disrespect to Hindu religious symbols, spent three and a half months in jail merely because the sessions court was stormed by a ‘Jai Shree Ram’ shouting lawyers’ brigade every time the case for bail came up. Similarly, in the case of Hindu-Muslim marriages, lawyers have not been very kind to the couples. UP’s lawyers are in the habit of conducting trials even before the verdict is delivered.

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    The question of terrorism is complicated. When I was asked by veteran socialist leader Surendra Mohan to join a citizens defence committee for Syed Abdul Rehman Geelani, projected by the Delhi Police as the mastermind behind the Parliament attack of December 2001, I agreed to become part of the committee even though I did not know Geelani. The High Court judgment on the case said there was no evidence to even remotely link him to the Parliament attack. I was happy not because our stand was vindicated but because Geelani was able to go back to his young wife and two little children.

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