LAGATAR24 NETWORK
Dumka, Sept 1: The lawyers body of Dumka has resolved not to defend the accused persons involved in the murder of a sixteen years old schoolgirl who died after battling the burn injuries she was made to suffer by a youth belonging to the minority community for resisting his advancement.
The executive committee of the district bar association of Dumka on Thursday in a meeting presided over by its president Vijay Singh came forward with such a decision on such a demand raised by some members considering the severity of the crime.
“The district bar association in a meeting today has resolved that none of its members would defend the accused persons of the brutal murder of a minor girl who was set ablaze by pouring petrol on her while she was sleeping in her room,” Rakesh Yadav, the secretary of the lawyers body said, adding that that a notice to that effect would be circulated to all the members.
The move, however, has sparked controversy with a section of the local lawyers’ fraternity having termed it to be unconstitutional in nature.
“First of all, the executive committee is not empowered to take such a vital decision which should have been passed by calling a general body meeting of the bar,” pointed out a senior bar practitioner preferring anonymity.
He further cited previous few examples of most heinous crimes of the country, including those of the Nirbhaya gang rape and murder case and 26/11 terrorist attack in Mumbai when the accused persons were ultimately defended through their counsels notwithstanding similar resolution of the respective lawyers bodies.
“This apart, the supreme court has already declared that bar associations should not interfere with advocates’ decisions to defend their clients no matter how heinous the crime,” he remarked.
Meanwhile, the case in question has been transferred to the court of the first additional district and session judge of Dumka from the court of the chief judicial magistrate which is also designated for the trial of offences lodged under the POCSO act.
Notably, Section 12 of the POCSO act was invoked in the FIR following the intervention of the child welfare committee (CWC) only having taken suo motu cognisance of the matter as the victim’s age was revealed to be a minor on the basis of her matriculation certificate which, however, was ignored by the local police allegedly following communal lines.
So far two persons, including Shahrukh and Nadeem Khan alias Chhotu belonging to the same locality of the victim girl have been arrested in connection with the horrific crime having hogged the national limelight.
