Kashmiri students’ ‘sedition’: Preventing bail applications ‘sheer militancy’: K’taka HC
26: While dealing with a petition challenging the Hubli Bar Association
resolution ordering lawyers not to appear for two Kashmiri students charged for
sedition, the Karnataka High Court Wednesday stated that passing such
resolutions will affect the image of the entire judiciary.
Bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar
be the image of the institution of Judiciary? We say we don’t hold kangaroo
Courts. Even Ajmal Kasab was given a full trial. The Supreme Court had
appointed senior Advocates to represent him in his case.”
To this, Advocate
General Prabhuling Navadgi submitted that the Hubli Bar Association was willing
to reconsider its stand in the matter.
described the fact that advocates were not being allowed to file bail
applications by fellow lawyers as “sheer militancy”.
Chief Justice Oka
further stated that the only option if this were the case would be for the
Court to transfer the bail matter to Bangalore. The Court further stated,
“Today it is
about these three accused persons. Tomorrow you (Hubli Bar Association) will
pass such resolutions in serious offences.”
On the point of
transfer, CJ Oka further said that this should serve as a lesson for the Bar
Associations. If Bar Associations pass such a resolution, then they should keep
in mind that the matter may be transferred beyond their jurisdiction, CJ Oka
Having said that,
Justice Oka also stated that the police had done a good job in providing
protection to the Advocates who wished to file bail applications for the
accused persons in the lower Court.
In the matter, CJ
Oka further asked AG Navadgi to request the office bearers of the Hubli Bar
Association to be present in Court for the next hearing, so that the matter
could be resolved at the earliest, in Court.
The matter will
be next heard on February 27.
The petition was
filed by lawyers from the state challenging the resolution of the Hubli Bar
Association which stated that none of its lawyers would appear for the three
Kashmiri students who were charged with sedition. (Courtesy: Barandbench.com)