Citation of the Case:
A S Mohammed Rafi v. State of Tamil
Nadu, AIR 2011 SC 308
Facts of the Case:
In 2010, Tamil Nadu
witnessed a series of confrontations between the Bar and the Police. These
conflicts resulted in lawyers being assaulted by certain police officers,
leading to the filing of a criminal case against the police. However, when the
case was set for trial, the Coimbatore Bar Association passed a resolution
declaring that none of its members would represent the accused police officers
in court. This resolution triggered a Special Leave Petition filed in the
Supreme Court of India by the accused policemen, arguing that it violated the
Indian Constitution, specifically Article 22(1), Rule 11 of Chapter 2, Part 6
of the rules framed by the Bar Council of India (entitled 'Standards of
Professional Conduct and Etiquettes'), and professional ethics.
Issues Involved: The central issues in this case revolve around the right to legal
representation and the legality of the resolution passed by the Coimbatore Bar
Association. Specifically:
- Whether every citizen has the "Right to Representation" and whether the Bar Association's resolution contradicts this right.
- The duty of legal practitioners to defend individuals in all circumstances, except when there is a conflict of interest.
- Whether the resolution violates Article 22(1) of the Indian Constitution, which states that a person in custody for a criminal charge can be defended by a legal practitioner of their choice.
- Whether the resolution infringes upon the fundamental rights of citizens as enshrined in Article 14 (Right to Equality) and Article 21 (Protection of Life and Personal Liberty).
Appellant's Arguments:-
The appellant
argued the following:
- Every citizen has the "Right to Representation," and the Bar Association's resolution goes against this fundamental right.
- Legal practitioners have a duty to defend individuals in all situations, except when there is a conflict of interest, emphasizing the "Duty to Defend."
- The resolution violates Article 22(1) of the Indian Constitution, which grants the person in custody the right to choose their legal representative.
- The resolution also breaches fundamental rights guaranteed under Article 14 (Right to Equality) and Article 21 (Protection of Life and Personal Liberty).
Respondent's Arguments: The respondent's arguments were as follows:
- The Bar Association's resolution was a response to previous assaults by police officers on lawyers, causing security concerns for the legal community.
- Lawyers felt threatened when in proximity to the accused policemen due to prior assault incidents, which made it impossible for them to represent the accused in the criminal trial.
Decision of the Court: The court, led by Judge Markandey Katju, declared that the resolutions
passed by Bar Associations, such as the Coimbatore Bar Association, were
entirely illegal and against established legal traditions and professional
ethics. The court upheld the importance of the "Right to
Representation," stating that every person, regardless of societal
judgment, has the right to legal defense. The resolution passed by the Coimbatore
Bar Association and similar resolutions in the country were declared null and
void, and right-minded lawyers were urged to ignore and defy such resolutions.
Ratio of the Case: The key principle established in this case is the absolute importance
of the "Right to Representation." Every individual, no matter how
society views them, has the right to legal defense. Bar Associations passing
resolutions to deny legal representation in specific cases are considered
illegal and contrary to the Constitution, statutes, and professional ethics.
Comment on the Decision: The court's decision in this case serves as a strong affirmation of the
principles of justice and the legal profession's duty to provide legal
representation. It highlights the pivotal role of lawyers in upholding the rule
of law and ensuring that every person, even those accused of heinous crimes,
receives a fair trial and legal defense. This decision reinforces the
democratic values and fundamental rights enshrined in the Indian Constitution.
Analysis By: Harshavardhan Prakash Deshmukh (B.A.LL.B.)
Modern Law College, Pune, Maharashtra
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