BENGALURU: The Karnataka High Court on Thursday directed the Hubballi-Dharwad Police Commissioner to give protection to advocates appearing for the three Kashmiri students who have been arrested in Hubballi for raising pro-Pakistan slogans. The division bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar issued this direction while hearing a public interest litigation petition filed by advocate BT Venkatesh and others after the Hubballi Bar Association passed a resolution on February 15, stating that none of its members would represent the students accused of sedition. The Association had also resolved to request the State Bar Council to urge all Bar Associations adopt similar resolutions.
Senior counsel Prof Ravivarma Kumar who represented the petitioners questioned the legality of these resolutions and drew the attention of the court to the assault on the accused on the court premises.
During the hearing, the bench said the Surpreme Court had held in Mohammed Rafi v/s State of Tamil Nadu, that such resolutions are illegal and against all traditions of the bar and ethics. Such resolutions curtail the rights of the accused.
The bench noted that in view of the resolution, lawyers are not available for the accused and such a resolution interferes with the administration of justice and needs to be examined. “Our attention is invited to rules framed by the Bar Council of India under standards of professional conduct,” the bench said. The petitioners said that the three accused students were not represented by advocates when they were produced before the court on February 17, 2020 and were assaulted. Therefore, the advocates who filed the PIL had volunteered to appear collectively for the accused.
Referring to this, the bench said that it is the duty of the police to ensure the constitutional rights of the accused are protected. If advocates are not allowed to represent the accused, it is violation of their constitutional rights, it said. “We direct the Advocate or Advocates who wish to appear for accused to file bail application or vakalat, to inform the Police Commissioner of Hubballi-Dharwad. On receiving the information, the Commissioner should ensure complete protection to advocates. The Police must ensure protection to the advocates right from entry into the city to the court,” the bench said.
The bench has also directed the petitioners to forward the Apex Court’s judgements, including of one in Mohammed Rafi v/s State of Tamil Nadu, to the Bar Association to reconsider its resolution. The bench said that the Bar Association was bound to ensure that its members follow the ethics framed by the Bar Council of India. “If Bar Association refuses to reconsider the resolution, the said conduct will be examined while hearing the petition”, the bench said while issuing notices to the State government, DG and IGP, the Hubballi Bar Association and others.
The bench has asked the petitioners to implead office bearers of the Bar Association as respondents, and granted liberty to the petitioners’ to approach the court if adequate protection is not granted to advocates to represent the accused. Further hearing will be held on February 28, 2020.