AMN /New Delhi
The Supreme Court on Monday was told that Gurugram Bar Association has withdrawn its resolution asking its members not to represent the accused officials of Ryan Public School in the case involving the death of a Class 2 student Pradhyuman Thakur in its Gurugram branch, as the top court described the resolution as “erroneous in law”.
Asking the Special judge of Gurugram to deal with the matter, the bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkar and Justice D.Y.Chandrachud said that “tradition does not authorises any bar association to pass such a resolution”.
“The tradition of the Bar and the fundamental conception pertaining to access to justice does not permit any Bar Association to pass a resolution of the nature that had been done. However, the solace is that after realising the fault, the Bar Association has withdrawn the resolution. It is a redeeming act”, the bench said in its order.
Referring to the assurance of the GBA that none of its members would create any kind of hindrance or obstruction for the smooth hearing of the case by special judge dealing with cases under POCSO Act, the top court today said, “Despite the aforesaid assurance we are obliged to direct that none of the members of the Bar shall create any kind of impediment in the ingress and regress of any counsel representing the petitioner.”
Making it clear in no uncertain terms, the court said in its order, “…It shall be the responsibility of the office bearers of the Bar to see to it that the order is complied with in entirety because any deviation shall be seriously dealt with.”
Needless to emphasise, the family members of the accused can accompany the lawyer.
Having said this, the court said that “an accused, whatever the offence may be, has the inherent right to be represented by a counsel of his choice.”
Taking note of the Gurugram Bar Association withdrawing its resolution, the court disposed of petition by Francis Thomas seeking the transfer of trial from Gurugram to Delhi.
Francis Thomas is north zone administrator of Ryan Public School and is behind the bvar for last eight days.
The court said that trial in the matter would continue in Gurugram court itself.
Senior counsel K.T.S.Tulsi appearing for Francis Thomas had mentioned the matter for an early hearing on September 13.
Tulsi had told the court that the defence lawyers going from Delhi also faced hostility in the Sohna court.