Tag Archives: India

India: CONDEMN THE BCI’S RECOMMENDATIONS TO BAN STRIKES AND ABSTINENCES!! UPHOLD THE ADVOCATE’S RIGHT TO FORM ASSOCIATIONS AND PROTEST!!

March 21, 2017

Recently, the Bar Council of India (BCI) has suggested stringent measures, including debarring advocates from practicing for participating in strikes or abstaining from court work. In its detailed suggestions to the Law Commission, which is drafting amendments to the Advocates Act on a reference made to it by the Supreme Court, the BCI said the law should be amended to statutorily prohibit lawyers from boycotting or abstaining from work in courts.

The BCI has recommended an amendment to be read as:
“No association of advocates or any member of the association, either individually or collectively, shall boycott or abstain from court work or cause obstruction in any form in court’s functioning during court’s working hours in court premises nor shall individually or collectively give a call for such boycott or abstinence from work during court hours.”

Any lawyer indulging in such activities would thus be construed to have committed misconduct and will be liable to be debarred from practicing in courts for a certain number of years or permanently.
These recommendations not only attack an Advocates right to strike and collectively abstain from work, but also severely restricts their right to collectively protest for demands of their profession. The right to strike flows from the fundamental right to form a union. The recommendations are an attempt to criminalize lawyer protests and struggles.

Protests and struggles by the lawyer community have played an immense role in safeguarding and promoting the rights of citizens. The Indian freedom struggle itself had the participation of numerous lawyers and to criminalize protests of the lawyer community is a severe attack on this longstanding contribution of lawyers in upholding constitutional values. In recent times, lawyers in India have taken to the streets and other reasonable forms of protest like strikes to condemn the increasing attacks on their community. The lawyer community in Pakistan too, had played and still continues to play a significant role in protecting the independency of the judiciary. The recommended criminalization of this form of protest will severely harm the interests of lawyers and the country as a whole.

Before recommending provisions with such far reaching consequences, the BCI did not even consult the State Bar Councils, Associations and other lawyers bodies. The Indian Association of People’s Lawyers (IAPL), strongly condemns these unilateral and unjust recommendations of the BCI and calls upon the Law Commission to reject the same.

Sd/-

Adv. Surendra Gadling (Nagpur),
Adv. Maharukh Adenwalla (Mumbai),
Adv. Sudha Bharadwaj (Bilaspur),
Adv. Ankit Grewal (Chandigarh)

(IAPL – Indian Association of People’s Lawyers Facebook)

http://timesofindia.indiatimes.com/india/ban-lawyers-for-strike-abstinence-bar-council/articleshow/57659994.cms

http://barandbench.com/delhi-bar-association-strike/

New Delhi: Lawyers oppose BCI recommendation to bar them from strike

https://www.ishr.ch/news/right-dissent-manual-international-law-right-protest-and-dissent

https://en.wikipedia.org/wiki/Bar_Council_of_India

Bar Council of India: info@barcouncilofindia.org

India: Threats, slurs, insults: It’s a hard life for lawyers defending terror suspects

March 19, 2017

Akshardham

Advocate R Mahadevan has relatives who won’t talk to him any more. They don’t understand why he represents ‘people who hate their country’.

“I tried explaining the importance of a defence lawyer, but now I have just come to accept these things,” Mahadevan says.

He is currently representing suspects in the Bangalore serial blasts case, when nine bombs exploded in the city in 2008, killing 2 and injuring 20.

It’s not easy arguing for the damned. Threats of violence and death are common. Some lawyers find notes stuck on their cars, detailing the whereabouts of their children.

And then there are the attacks from within their circle — friends distance themselves; neighbours ask, why do you do it? At a family wedding, a relative may start an argument; during a festive gathering, suddenly the focus shifts to you.

“At a friend’s son’s wedding, I was asked by a relative, ‘Why did you undo the hard work done by the police?’ It was disturbing to think that even people who know me think of my work like this.”

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. Charges against him were later withdrawn. “I had evidence that Ansari was at a doctor’s office on the day of the blast,” Shoaib says

http://www.hindustantimes.com/weekend/threats-slurs-insults-it-s-a-hard-life-for-lawyers-defending-terror-suspects/story-z4futnhK90pw7dlgv5aZaK.html

India: Assault of lawyer: Arrest warrant issued against cop

March 16, 2017

A metropolitan magistrate court in Egmore on Tuesday issued an arrest warrant against a police inspector for not appearing before the court in a case of illegally detaining, abusing and attacking a lawyer.

Inspector Munisekar is now working in the central crime branch in the city police.

Lawyer K Nagarajan of Thiru Vi Ka Nagar filed a complaint against Munisekar for illegally detaining, abusing and attacking him inside the police station from 2am till 5am on September 20 last year.
The court admitted his complaint and issued notices summoning the inspector to appear before it. As he failed to comply with the court’s order for more than five times the magistrate issued an arrest warrant against him.

http://timesofindia.indiatimes.com/city/chennai/assault-of-lawyer-arrest-warrant-issued-against-cop/articleshow/57659612.cms

India: WOMEN HUMAN RIGHTS DEFENDERS INTERNATIONAL COALITION (WHRDIC) STANDS IN SOLIDARITY WITH LAWYERS COLLECTIVE AND CALLS FOR AN IMMEDIATE END TO GOVERNMENT CRACKDOWN ON CIVIL SOCIETY IN INDIA

January 17, 2017

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We, the undersigned organizations, express solidarity with the Lawyers Collective, and strongly condemn the permanent cancellation of the license of the Lawyers’ Collective by means of the Foreign Contribution Regulations Act (FCRA, 2010) by the Ministry of Home Affairs of India. We call for the immediate withdrawal of the cancellation order.

The Lawyers’ Collective is a non-governmental organization run by Indira Jaising, a noted senior lawyer from India, who is known for advancing women’s rights, and the rights of people living with HIV and other marginalized groups. In June 2016, the Government of India suspended the license of the Lawyers’ Collective for a period of six months. The Lawyers’ Collective was suspended for allegedly using funds to organize rallies and dharnas (peaceful demonstrations) with a political ‘hue and color’. The organization has repeatedly denied the charges and has termed them an act of ‘vindictiveness’.[1]

On 27 November 2016, the Ministry of Home Affairs (MHA) cancelled the FCRA registration of the organization permanently, barring the organization from receiving foreign funds for its work and activities. The MHA, in its order, alleges that there were discrepancies in foreign contributions cited by the Lawyers’ Collective in its returns filed with the Ministry. Further, the order states that Jaising violated the FCRA norms by receiving foreign funds between 2006-2007 and 2013-2014, when she was a government servant, that is, when she served as the Additional Solicitor General of India under the previous United Progressive Alliance (UPA) Government.[2]

http://www.defendingwomen-defendingrights.org/2017/01/17/women-human-rights-defenders-international-coalition-whrdic-stands-in-solidarity-with-lawyers-collective-and-calls-for-an-immediate-end-to-government-crackdown-on-civil-society-in-india/

https://www.theguardian.com/global-development-professionals-network/2017/mar/09/indira-jaising-india-is-in-crisis-this-fight-is-going-to-go-on

India: IAPL CONDEMNS THE FASCIST DIKTAT OF BJP BACKED HINDU SENA AND RAJKOT DISTRICT BAR ASSOCIATION, THREATENING AND DEBARRING LAWYERS!!

March 2, 2017

IAPL condemns the illegal and unconstitutional diktat of Rajkot District Bar Association’s resolution debarring lawyers to represent 2 alleged ISIS accused. IAPL further condemns the open threat of Hindu Sena to eliminate defense counsel, Advocate Imtiyaz Koreja and his entire family or any lawyers, who will take cases of the above said accused.

IAPL demand Gujrat Police to register FIR against Pratik Bhatt,President Hindu Sena. IAPL further demands to provide security and protection of life and personal liberty to Adv. Imtiyaz Koreja and his entire family.

http://timesofindia.indiatimes.com/india/will-kill-lawyers-who-defend-is-suspects-says-hindu-outfit/articleshow/57400198.cms

(IAPL – Indian Association of People’s Lawyers Facebook)

http://timesofindia.indiatimes.com/city/rajkot/hindu-outfitnationalistsoutfit-threatens-to-kill-lawyer-family/articleshow/57397256.cms

http://prabhanews.com/2017/03/rajkot-well-kill-if-pleads-on-behalf-of-isis-suspects/

India: ADVOCATE SHAHID AZAMI MEMORIAL MEETING

February 15, 2017

The IAPL – Indian Association of People’s Lawyers, Chandigarh Chapter held ADVOCATE SHAHID AZAMI MEMORIAL MEETING. The program titled ‘Defend the Defenders’, was intended to deliberate on the increasing incidents of persecution of lawyers.
Date : 13th, February 2017
Time : 3:30 PM
Venue: ILI Seminar Room (Near Mediation Center), Punjab and Haryana High Court, Chandigarh.

Image may contain: 6 people, people sitting and indoor

Image may contain: 6 people, people sitting and indoor

Image may contain: 5 people, people sitting and indoor

(IAPL – Indian Association of People’s Lawyers Facebook)

India: Seven years after lawyer Shahid Azmi was shot dead, trial yet to begin

February 14, 2017

Advocate Khalid Azmi at his office at Kurla in Mumbai. Express Photo by Pradip Das. 19.10.2013. Mumbai.

IT HAS been seven years since advocate Shahid Azmi was shot dead in his office at Taximen’s colony in Kurla on February 11, 2010. Among the cases Azmi was representing as a defence lawyer was the 26/11 terror attack. The trial of Azmi’s murder is, however, yet to begin. Last month, the main accused in the case, Devendra Jagtap, the alleged gunman who shot dead Azmi was denied bail by a sessions court. Another co-accused Hasmukh Solanki, too continues to remain in judicial custody while two others have been granted bail and one accused has been discharged in the case. Azmi’s younger brother, Khalid, who also is an advocate says that the family gets solace from the fact that the main accused in the case are behind bars.

“It has been seven years. The accused had made an application in the court that they should be granted bail due to the delay in the trial. Their plea was also to not begin trial till they bail applications are heard by the court first. But, the court found merit to reject bail to them. To know that they are behind bars is enough for me for now, since it proves that the prosecution is doing its job,” Khalid says.

Azmi known for his legal prowess had a difficult journey towards becoming an advocate including defending terror charges at the age of 16. Khalid feels that he cannot match up to his brother but attempts to contribute to anyone in need like Azmi did. “My brother used to work very hard. He was very dynamic. I cannot be like him. Then too, when ever someone approaches me seeking legal help, I try contributing,” he says. For the family too, Khalid says the death has brought them closer. “He was the backbone of our family. We are still trying to cope with him being gone. We are managing. We still meet once a week and discuss things as a family,” he says speaking of his three brothers.

Seven years after lawyer Shahid Azmi was shot dead, trial yet to begin

https://en.wikipedia.org/wiki/Shahid_Azmi

http://www.india.com/news/india/shahid-azmi-death-anniversary-remembering-the-crusader-who-was-silenced-7-years-ago-1831264/