Appearing For Maoists Not A Crime : Madras HC.

Meeting of an accused person in the prison by a lawyer, would not relate him with the criminal and no one can say  that there was criminal conspiracy between them.’

While discharging a lawyer from a criminal case, the Madras High Court observed that appearing for a Maoist is not a crime and if a Maoist accused of an offence seeks the professional assistance of a lawyer, it is his duty to defend.

The Judge said: “At this juncture, it is apposite to mention that the petitioner is a practising Advocate and he was appearing for the Maoists. Appearing for a Maoist is not a crime. On the other hand, if a Maoist accused of an offence seeks he professional assistance of a lawyer, it is his duty to defend. Therefore, as rightly submitted by the learned counsel for the petitioner, with an ulterior motive to prevent the petitioner from defending the innocent Maoists, he has been implicated in this case. As a lawyer, the petitioner is said to have contacted the accused persons and during meeting some conversations took place between them. For example, meeting of an accused person in the prison by a lawyer, would not mean that there was criminal conspiracy between them.”

One thought on “Appearing For Maoists Not A Crime : Madras HC.”

  1. Dear sir,
    This topic will clarify the advocates position in criminal cases which are controversial in public life.

    S.Sankarasubramanian, advocate.

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