The Supreme Court on Monday ensured a fair and smooth trial in the murder case of a seven-year-old boy in Ryan International School, by ordering that no lawyer or family members of the accused will be stopped or obstructed by local lawyers or any person while appearing in or leaving the local Gurugram court.
One of the accused Francis Thomas, who is the region head of Ryan International Schools, approached the court for transfer of the trial to Delhi for a fair trial. He produced a copy of a resolution passed by the district bar association asking lawyers to abstain from appearing for the accused. Although the resolution was later withdrawn, the Bench headed by Chief Justice Dipak Misra felt such a resolution was unnecessary and went contrary to the high traditions of the bar. The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, struck down the “illegal” resolution.
Senior advocate Mukul Rohatgi who appeared for Francis informed the court that his client’s wife had to appear for him in court following the resistance from the bar and the hostile atmosphere created at the court complex. Instead of transferring the case from Gurugram to Delhi, the apex court directed the office-bearer of the Gurugram district court Ravinder Yadav, who was present in court, to ensure no member of the local bar or any member stops or obstructs the lawyers or family members of accused.
“We must say without any hesitation that any accused, whatever the offence may be, has a right to be represented by an advocate. The tradition of bar does not authorise any bar association to pass a resolution like this,” the Bench said. In view of this order, Rohatgi did not press his demand for shifting the trial, reserving that right for a later stage.