The High Court of Karnataka on Tuesday described as “disturbing” the contents of a resolution, passed by the Bar Association of Hubballi (BAH), describing three Kashmiri students as “anti-national” and having “committed [a] heinous crime”, even before the allegations levelled against them were proved in a court of law.
Observing that the criminal justice system in the country was not one of Kangaroo court trials, as the justice system gives fair trials even to foreign nationals involved in serious criminal offences, the court said that the learned members of the Bar association should not have termed the accused students criminals even before the trial.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi made these observations in its order disposing of a PIL petition, filed by a group of 24 advocates from Bengaluru. The petition had questioned the resolution passed by the BAH on February 15 asking its members not to represent the Kashmiri students, who were facing the charge of sedition for raising pro-Pakistan slogans.
As none of the lawyers came forward to take up the case of the accused Kashmiri students despite a suggestion made by the court, and it was advocates from Bengaluru who took up their bail pleas, the Bench said such conduct by Bar members was not healthy for the criminal justice system.
Meanwhile, the Bench decided not to go into the question of whether the February 15 resolution and subsequent violent scenes on the Dharward court premises amounted to criminal contempt of court, as the members of BAH had cooperated with the lawyers from Bengaluru to represent the accused students, besides withdrawing the resolution.
The Bench expressed hope that none of the Bar associations in the State will create a situation requiring the intervention of the High Court. It reminded all Bar members that it was their duty to ensure a fair trial for all accused persons.
The Bench also expressed hope that the Hubballi-Dharwad police would conduct “meticulously and with all seriousness” the investigation into the violence on the Dharwad court premises on February 24, while giving liberty to the petitioners to approach the High Court, if needed.
