lili

Okay so background on the situation:

So there was a theft of ₹70-90 lakh in the Ram Mandir in Ayodhya. This is such a blown up issue because this is apparently the site where Ram was born and even the building of Ram Mandir is a very very controversial judgement that took the Supreme Court nearly 69 years to decide on (if u wanna know more, lmk). The mandir's geographical location makes it one of the most important Hindu temples in the World. But it is also so important because it has been the BJP's (the right wing Hindu nationalist ruling party) biggest political tool.

Now, the Bar Association of Ayodhya has imposed heavy sanctions on any of their members who want to represent the alleged thief in Court. The sanctions include ₹5 lakh as fine and cancellation of their membership. They have done so, stating that the theft has hurt religious sentiments (ew)

What is a Bar Association and why is it important to remain in their good books?

Bar Associations are, in the simplest terms, professional clubs. These are divided by geography and what law you practice. And these Associations are so fucking important becuase

1. These Associations are basically Networking opportunities for 1st gen lawyers. In India you NEED to have connections to succeed in a career in Law. (There is a reason why all the CJIs are related by either marriage or blood somehow)

2. Because it is your Bar Presidents who suggests you for opportunities like Empanelment for NALSA. (Basically free Legal Aide offered by the State, and advocates who represent them). While the pay is absolutely shitty (I mean it is a government service for the poor and you get an honorarium), the prestige of being selected for the panel is second only to the Judicial clerkship in the Supreme Court.

3. It heavily subsidizes food and parking and helps an advocate access Court libraries and offices for free. (Karnataka High court food is damn good ngl).

Why is it pissing me off? (Buckle up, I am gonna get nerdy abt this)

I am so fucking pissed about this because it against the Indian Constitution. Leaving the Indian Constitution, it is against the most basic principles of Natural Justice, Innocent until Proven guilty and "Audi altrem partem" or "Hear the other side". Especially in a Common Law country like India where it is the Advocates who play the most important role in a case, Fair hearing is only possible if both the Accused and the Prosecution have advocates.

Article 22(1) of the Indian Constitution explicitly guarantees the right to representation and consultation to any and all accused. This is a fucking Fundamental Right that even transcends the Legislature's power to amend it.

One of the grossest misconceptions about an advocate, I have ever come across, is when people assume that the Defense Counsel is trying to save the guilty. No. A defense Counsel is making sure that the Prosecution has all the evidence needed to prove that the Accused is guilty beyond any and all reasonable doubts, this is because it is okay for a hundred guilty ones to be let free than prosecute an Innocent.

A similar thing happened back in 2008, when Bombay Bar Association barred any and all of its Advocates from defending Ajmal Kasab, the mastermind behind the 26/11 attacks (9/11 for India). And that time the Supreme Court heavily criticised the Association citing that the decision was grossly illegal and ultra vires the Constitution (against the Constitution).