On April 28, 1976, the Supreme Court held that in view of the presidential order imposing emergency, no citizen had a right to petition the courts for a writ of habeas corpus. During the course of the hearing, Khanna J. put a question to the attorney general, Niren De, appearing for the Union of India, whether it would be legal if the executive of the state could shoot anyone without reasons and yet, there be no remedy available to the victim. The response of the attorney general was that there would be no remedy so long as the emergency was in force as fundamental rights stood suspended. For his defence of the stand of the Union of India, Niren De was reportedly expelled from the Bar Association of India. (This version has acquired the ring of truth. However, Fali S. Nariman, who was the additional solicitor immediately prior to the emergency, has confirmed that indeed the expulsion did not take place).

Twice in the recent past, bar associations are alleged to have passed resolutions refusing to offer legal assistance to the accused — the J&K Bar Association in the sex scandal case that rocked that state and the NOIDA Bar Association in the Nithari killings. A valiant effort was also made by all and sundry to dissuade Ram Jethmalani from appearing for Manu Sharma in the Jessica Lal case.

The above instances reveal a shocking intolerance on the part of lawyers. The Constitution gives every citizen a right to be defended. It is a fundamental principle of criminal law that every accused is presumed innocent till proven guilty. It is therefore not the role or duty of the advocate to form a judgement on the basis of his opinion, but to assist the judge in coming to a correct conclusion by placing the relevant facts and correct position of law.

... contd.