Sedition case against Kashmiri students: Preventing lawyers from representing accused to be seen as contempt, says Karnataka HC

“If a situation is created and accused cannot be represented it will affect the image of the entire judicial system of the state. Ensure normalcy that is seen any other day in the court and let bail application be taken up like any other bail application,’’ a division bench of the high court featuring Chief Justice Abhay Sreenivas Oka and Justice Hemant Chandangoudar said on Thursday after summoning office bearers of Hubballi Bar Association. The office bearers informed the high court that they would pass resolutions cancelling a February 15 resolution barring lawyers from representing the three Kashmiri youths.

The court observed that if the situation persisted, police would have to provide a report of lawyers who prevent defence lawyers from appearing in court. Preventing advocates from representing the accused “will be treated as contempt of court’’, Justice Oka said. “In view of the gesture of the members of the bar association, I am sure there will be no difficulty for advocates to represent accused in the case. However, considering the fact that despite the arrest on February 15, no bail petition could be filed, we continue order extending police protection for lawyers while filing their plea on Friday,’’ the court stated.

On February 20, the high court quoted the Supreme Court order in A S Mohammed Rafi vs State of Tamil Nadu case and said resolutions opposing representation as “passed by the Bar Associations are wholly illegal” and against traditions of the Bar and professional ethics.