Friday May 9, 2008

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Personal Thought: When lawyers masquerade as judges! 

Ismail Jalagir, a senior counsel from Hubli (Karnataka) and Mohammad Shoaib, a senior advocate from Lucknow (U.P.) might not have heard about each other. But even their strongest critics would admit that they are made of the same mettle. If there are rewards meant for lawyers who are ready to go the extra mile to defend rights granted to citizens under the constitution then both these worthy citizens of the country would be the first on the list.

What they have done and achieved - without bothering about the dangers to personal security and wellbeing - is really stupendous. They not only defied the unethical ban imposed by their fellow 'brethren' from their profession about not taking up specific cases but also exposed the manner in which a particular community is being 'stigmatised and terrorised' with due connivance of the police, media and a pliant legal fraternity.

It is for everyone to see that but for the efforts of Mohammad Shoaib, Aftab Alam Ansari from Kolkatta would have been languishing in jail as being a 'Lashkar-e-Toiba' operative supposedly involved in the bomb blasts in UP courts.

And there would have been no counsel for people like Asadullah Abubaker, Riyazuddin Nasir, Mohammad Asif and Mohammad Shakeel from Hubli and adjoining areas if Ismail Jalagir had not decided to take the plunge. In fact when Karnataka police arrested this foursome under charges of 'terrorism' there was no one to argue their case. Looking at the fact that nobody was ready to take up the cases of these people after the unanimous resolution by the Hubli bar association (12th February) which had resolved not to fight cases on behalf of persons charged with 'anti-national' activities, Ismail Jalagir decided to act.

It need be emphasised that for such courageous act he faced wrath of Sangh Parivar. Miscreants tried to set fire to his office and even his junior's house was stoned. (Ref: Justice Can' See, Won't Hear, Suresh Bhatt, Letters, Tehelka, 10 May 2008) The role of the media in the whole case was also biased from day one. Despite senior police officers contention that the accused had no specific targets in Karnataka and there was no definite information, the local media had mounted a cacophonic campaign of misinformation.

As of now Mohammad Shoiab is handling many such cases in different courts of UP. Of course, there is no denying fact that much like Ismail Jalagir he is still facing the consequences of taking such a principled stand. He has come under direct physical attack at many places and in one latest incident in Faizabad courts he had to be literally 'cordoned' by a police team to save him from getting badly thrashed by fellow lawyers.

Subhash Gatade 

 
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