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Gang-rape convicts' lawyers get bar notice

Future action depends on their explanation
Last Updated 07 March 2015, 20:17 IST

The Bar Council of India (BCI) has issued show-cause notices to two lawyers asking them to explain their “objectionable” comments against women in the BBC documentary on the December 16 gang-rape victim.

The decision to issue show-cause notice was taken at a meeting of the BCI's executive committee late on Friday night. The lawyers may lose their licence to practice if their explanation to the notice, issued under relevant provisions of the Advocates Act, is not found satisfactory.

The BCI felt the remarks by lawyers M L Sharma and A P Singh, who appeared for the December 16 rape convicts in court, appeared objectionable and constituted misconduct on their part.  The lawyers had cast aspersions on women going out at night, saying incidents like rape are bound to happen if women do not venture out without proper security.

“We have issued show-cause notices to Sharma and Singh for their remarks made in the documentary,” said BCI Chairman Manan Kumar Mishra.

The BCI would have to see “whether it is simple or professional misconduct”, and then a decision would be taken on the future course of action, he said.

Singh appeared conciliatory, saying he would abide by the BCI's decision, but Sharma reportedly maintained he had not said anything wrong.

Sharma was “shocked” by the BCI's suo motu decision to issue notice to him. He said even if his licence was cancelled, it would make no difference to him, and that he would continue to help the convicts.

Sharma said it was a matter of contempt that people downloaded contents of the documentary, which is banned in India. Singh said his fight was only against Western culture. “My fight is against Western culture, and not Indian society,” he said. 

Countering his colleagues, Sharma said, “Our professional conduct is related to our client and our law. They (those opposed to the lawyers) have downloaded this documentary, have seen it themselves and have told people about it. After the order of the court, all these actions come under contempt of court and criminal offence.” 

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(Published 07 March 2015, 20:17 IST)

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