Advocating justice

Jasmine Singh

Deepika S Rajawat, who is the counsel of Kathua rape victim’s family, alleged that there was a threat to her life a few days back. She also appeared on a television channel where she said that she might be killed. “I was threatened that we will not forgive you; I am going to tell the Supreme Court that I am in danger,” she had said. 

This is not one odd case where lawyers or human right defenders have faced life threat and opposition from society, colleagues or even their own family members. Lawyers sometimes have to go against the flow to fight a case; they not only have to fight demons outside but also the constant struggle inside their mind. Some city-based lawyers share stories of their struggle and how they held on in the face of opposition. 

Convincing note

Anurag Singh Tagra, advocate at Punjab and Haryana High Court and co-opted member, Vigilance Committee, Bar Council of Punjab and Haryana, recalls how he fought the case of 22-year-old who was booked under sections 342, 376, 506, 511, 120 of the IPC. The boy faced charges of rape and Anurag had to defend it. To add to Anurag’s challenge, the prosecutor was just above 18 years and she had roped-in the elder brother, mother and sister of the accused in the alleged offence. 

“My family and colleagues dissuaded me from taking up the case; they thought I was doing it for money or I was totally insane to contest a case against a girl who was just above a minor. I gave a gruelling session to my client before I accepted the power of attorney, but once I was convinced that the boy was innocent, I didn’t care who was saying what.”

In cases like rape or molestation, public opinion plays a vital part. Defending some alleged rapist, molester or murderer, culprits of nation or members of active anti-government organisations is not easy for lawyers, who have to face a lot from opposition. “We are humans at the end of the day, we can make mistakes too but my only concern is that injustice shouldn’t happen. So, here too each day my resolve would become stronger despite the opposition by my family and friends. After a year-and-a-half, the boy and his family were acquitted.” 

Social challenge

For lawyers, every word of the rule book is a gospel truth. To them, the accused is not guilty till he or she is convicted. So, they in the end are just duty-bound. Kamaldeep Singh Sodhi, practising advocate in Chandigarh, sees social media playing an influential role in trials these days. “People form an opinion even before a trial begins, which can create unnecessary trouble for lawyers taking up such cases,” says Sodhi, who sees how caste and political pressure are used to influence a case. “Colleagues will only end up telling you, ‘leave it, you are family man why take up this case’,” he adds. 

Tough task

It is not easy arguing the case for the damned. Life threats; friends and relatives distance themselves. Family feels ostracised by society, they start to question the intentions...defense lawyers can have a tough time! In Lucknow, Mohammad Shoaib was beaten up in a courthouse, by other lawyers, for defending Aftab Alam Ansari, accused in the 2007 Lucknow court blast case. In Ajmal Kasab’s case, Farhana Shah was branded as terrorist’s lawyer for defending a terrorist. 

Ranjan Lakhanpal, human rights advocate and chairman, Human Rights Protection Council, has faced tough opposition many times. The advocate, however, has taken all the snide remarks and opposition in his stride. “I am committed to my profession, there is no other way of looking at it,” says the advocate, who was called an ISI agent for fighting for 500 Pakistanis who were detained illegally. He fought to send them back, “I fight for justice, for rights. How can someone be held illegally behind bars.” 

SK Garg Narwana, senior advocate and defense lawyer for justice Nirmal Yadav (retd) and Dera Sacha Sauda chief Gurmeet Ram Rahim, says it is the call of duty. “It is my duty, and I do it. I haven’t ever faced any kind of opposition. I take up the case and rest is for the court to decide.”