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'Sheer Militancy' : Karnataka HC Summons Office Bearers Of Hubli Bar Association For Resolution Against Sedition Accused

Mustafa Plumber
26 Feb 2020 12:39 PM GMT
Sheer Militancy : Karnataka HC Summons Office Bearers Of Hubli Bar Association For Resolution Against Sedition Accused
The Court indicated that it might transfer the case from Hubli.
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The Hubli Bar Association is willing to reconsider the resolution passed by it on February 15 deciding that none of its members would represent the three Kashmiri Students booked for sedition, informed Advocate General Prabhuling Navagadi the High Court of Karnataka on Wednesday

The AG told the bench comprising Chief Justice A S Oka and Justice Hemant Chandanagoudar "I have personally spoken to the President of the Hubli Bar Associaton and they are willing to reconsider the resolution passed by them. "

CJ Oka replied  "Look at what poor image of the institute of judiciary is being projected because of this. We proudly say we don't run 'Kangaroo courts' in India. Even (Terrorist) Ajmal Kasab was given a full trial, senior advocates were appointed by the court to represent him. Here, the advocates are not allowed to appear in bail applications for the accused. This is nothing less that 'Sheer militancy'."

The Advocate General assured the court that matter will be resolved soon.

To which the bench said :

"Let the advocates file the bail applications under police protection and then we may transfer the case to Bengaluru. Today it is about these three accused, tomorrow the Bar will pass similar resolution in some other case. You (Advocate General) impress upon them (Hubli Bar Association office bearers). We will ensure that cases are transferred out of their jurisdiction."

The bench also asked the Advocate General to request the officer bearers of the Hubli Bar Association to remain present before the court on Thursday so that the issue can be resolved tomorrow.

Chief Justice Oka, said "In a public function, in the presence of the Chief Justice of India, I had said that Hubli has the best court building in the state. What is the use of such a building. When such things happen inside it."

The observations were made during the hearing of a petition filed by 24 advocates, challenging the resolution passed by the Hubli Bar Association. Recently, the court had directed the Hubli Police Commissioner to provide police protection to the advocate/advocates, desirous of appearing for the arrested Kashmiri Students.

On Monday, February 24, when advocate Maitreyi Krishnan and others visited the District Court in Dharwad to file the bail application, they had to face stiff opposition from the members of Hubli Bar. They were heckled by the local lawyers and had to return without filing the bail applications.

On Monday, Supreme Court judge Justice Deepak Gupta had criticized the recent trend of Bar Associations passing such resolutions, while speaking at a lecture organized by SCBA

"I see many Bar Association resolutions that they will not appear for such and such cases saying the act is anti national .It is wrong. When bar associations say something like that (won't appear for certain people), that is obstruction of justice", he had said.


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