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Indian bar must represent Delhi gang rape defendants, says Bar Council

I am the author of the first comment. While I agree that the cab rank rule must be adhered to, I understand the Delhi Bar's outcry against observing it in this instance. My comment does say that the accused will ultimately find representation from within the Indian Bar. What this article does not capture is the fact that this case has exploded beyond proving whether the accused are guilty. Tthe article is disconnected with this sentiment in India, especially when it (a) alleges that the Indian Bar is not taking up the case for fear of threats; and (b) states insensitively that the UK Bar is not allowed to represent the accused (with an implied term that would if they were so allowed, be happy to fly down and mark their fees for representing the accused when the rest of the Indian nation grieves the loss of this girl as if she was their own daughter). The English Bar is not faultless (and I do not claim the Indian Bar is perfect when I say this), but to my mind, the faults are closer than the early 1900's. For example a barrister not accepting a matter on a full CFA is akin to refusing to represent. I realise the Bar's Code of Conduct allows this as an exception to the cab rank rule. But in practice, for that impecunious person with say a borderline case, isn't it just the same as a refusal to represent?

8-Jan-2013

2:35 pm