Click to play videoShould lawyers be stopped from representing 26/11 attacker Mohammed Ajmal Kasab?
When senior lawyer Anjali Waghmare agreed to represent Kasab – so that the trial could proceed – protestors, mostly Shiv Sena activists, attacked her house and forced her into signing a statement saying she'll stay off the case.
Waghmare wasn’t the first lawyer to have faced Sena’s ire. However, the protestors are missing a a point - the case may not proceed if Kasab doesn’t get a lawyer. Senior Advocate Colin Gonsalves and Shiv Sena's legal advisor Rahul Narvekar debated the issue on India at 9.
CNN-IBN: If Kasab does not get a lawyer, his trial may be deemed illegal and he may even get away. Is this what the Shiv Sena wants?
Rahul Narvekar: I would like to clarify that every person who is jeopradised of his right to personal liberty or life deserves legal aid. However, we need to appreciate that these loopholes in the law can become an impediment in the actual delivery of justice. Time has come to amend our laws. We need to make exceptions for exceptional circumstances. It's an open and shut case. There's this person who comes to Indian soil, attacks our state and economy and yet we sit tolerant, allowing him an illegal trial and he stays alive!
CNN-IBN: Mr Narvekar, you are talking of impeding the case. In fact it's the Shiv Sena that's impeding the case by threatening the lawyer.
Rahul Narvekar: The sentiments of people of this state is clear - they want the culprit booked immediately. A fair trial is deserved by a person who actually deserves it.
CNN-IBN: Colin Gonslaves, respond to Mr Narvekar. Where does his argument leave jurisprudence in the country?
Colin Gonsalves: I think what he is saying will ultimately result in Kasab's acquittal. The state has a very strong case. It's very possible that they will get a conviction easily. But it is also very important that we give him a fair trial. India must show the world that it's possible to get Kasab convicted and be fair. They must give him a lawyer and that too a senior lawyer
CNN-IBN: Colin Gonsalves, why don't you appear for his case?
Colin Gonsalves: I have not even been asked. I am sure there will be many senior lawyers willing to appear and the government must pay that lawyer his professional fee and not Rs 900 for the whole case. Second, they are not translating the 10,000-page chargesheet which is in Urdu - a language understood by Kasab. This is pettiness, foolishness. India must show the world that it can get a conviction in a terrorist case and yet be fair. Don't take short-cuts is what I would say. And this beating up lawyers etc is not nationalism - I would question this kind of nationalism.
CNN-IBN: Rahul Narvekar, what you were saying suggests that all the evidence that the Indian government has against Kasab never be used. You just want him found guilty without any trial?
Rahul Narvekar: That's the last thing we are trying to say. What we are saying is that in the guise of fair trial if you don't convict someone, it may project India as a soft state. Something needs to be done about that.
CNN-IBN: By throwing stones at a Mumbai lawyer's house - do you want Kasab to get away? And why do you attack a woman lawyer?
Rahul Narvekar: Today, we are facing a situation where a person convicted of attacking the highest institution of the country - Parliament - is still sitting pretty in jail (Mohd Afzal Guru). This shows India is a soft state. It's become a paradise for terrorism.
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