New Delhi: The Supreme Court on Friday took suo motu cognisance of the Kathua rape incident and directed the members of the Jammu Bar Association not to obstruct access to justice and prevent lawyer from appearing for rape victim’s family in Kathua court.
A three-judge bench of Chief Justice Dipak Misra and Justices A.M. kanwilkar and D.Y. Chandrachud took suo motu cognisance after the incident was brought to its notice by a group lawyers led by P.V. Dinesh.
Mr Dinesh submitted that the J&K police was not allowed to file the chargesheet in the court by the lawyers and a lady advocate was prevented from appearing for the victims’ family. The accused persons threatened the lady advocate.
Taking on record the submissions, the bench in a brief order said, “Some lawyers practising in this court have brought to our notice that the members of the Kathua District Court Bar Association, Jammu and Kashmir, are obstructing the lawyer who is appearing on behalf of the family of the victim in the court. It is also set forth that there is support from the High Court Bar Association at Jammu.”
The bench asked the members of the Bar Associations to conduct themselves and not to obstruct the smooth functioning of the justice delivery system which includes the presence of the persons aggrieved or accused in court or for that matter the presence of investigating agency and the witnesses.”
The bench said it is settled in law that a lawyer who appears for a victim or accused cannot be prevented by any Bar Association or group of lawyers, for it is the duty of a lawyer to appear in support of his client, once he accepts the brief.
If a lawyer, who is engaged, is obstructed from appearing in the court or if his client is deprived of being represented in the court when he is entitled to do so in a lawful manner, that affects the dispensation of justice and would amount to obstruction of access to justice.
