No defence

As the newspaper that broke the Srinagar sex abuse scandal, let us state for the record that we will defend, in the strongest possible terms, the right of those accused in this case to a fair trial. The resolution passed by the Kashmir Bar Association disallowing its members from defending those arrested in this case goes against the very grain of modern jurisprudence. The Indian Constitution is after all only upholding a universal principle when it states in Article 22 i that 8220;no person who is arrested8230; shall be denied the right to consult, and to be defended by, a legal practitioner of his choice8221;. The right to defend oneself is non-negotiable and the Supreme Court was wholly in the right to upbraid the concerned bar association for being a law unto itself.

The bar association8217;s argument 8212; that since the sex abuse case involves the heinous crime of sexual violence, it is only discharging its duty towards society by refusing to defend the criminals involved 8212; is a non sequitur. It has, surely, to be first established beyond reasonable doubt that those arrested in the scam were indeed guilty of the acts that they stand accused of having committed. Only then can punishment be meted out to them. By attempting to nip due diligence in the bud, the bar association only ends up damaging the delivery of justice in the state and actually proving right the argument of the 13 accused that they cannot expect a proper trial in J038;K.

There can be no denying that the Srinagar sex scandal was a particularly ugly development and deeply violative of the rights of women. But it must be viewed strictly through the criminal justice lens. To paint it in anti-India colours, as some extremist groups in the Valley have attempted to do, is to cynically exploit the capers of a few criminals to buttress the insurgent8217;s cause. The Kashmir bar association must perceive the dangers, not just of subverting the system but lending credibility to such forces, and reverse its stand.