Defending People

the tao of criminal-defense trial lawyering

Two Names to Remember in Delhi

Vinod Kumar Anand and Manohar Lal Sharma have stepped up to defend three of the six men accused of gang rape in Delhi.

Here is Sharma:

(I suspect—I hope—that “I agree that they are fac­ing the alle­ga­tion of rape, but if it is true or false I am yet to prove it.” is a mistranslation.)

Here’s a lit­tle more about these two char­ac­ters. Sharma, espe­cially, sounds like a trou­ble­maker (or pos­si­bly a madman—it’s hard to tell from 10,000 miles away).

Mean­while, a friend—a US lawyer from India—writes:

The whole sit­u­a­tion is quite the micro­cosm of Indian soci­ety in a way: the inef­fec­tual crim­i­nal jus­tice sys­tem, the loud protests by thou­sands that will go nowhere, politi­cians who promise too much and deliver noth­ing and the lawyers that bend over back­wards to ensure that noth­ing gets in the way of “jus­tice” — jus­tice that’s predetermined.

I saw the link in your post to an arti­cle that reported on the “pre­sump­tion of inno­cence” being applic­a­ble in the Indian penal sys­tem. My expe­ri­ence, unfor­tu­nately, has been just the oppo­site. Actu­ally, even that’s wrong. To say that that there is an Indian jus­tice sys­tem of any form is wrong. The penal code is an absolute mess, there are no reli­able pro­ce­dural rules and money will always trump every­thing else.

The jus­tice sys­tem, as its used in India, is rarely more than another tool of oppres­sion against the very poor and the very unfor­tu­nate. Reform­ers are mar­gin­al­ized and largely ignored — or worse, thought of as a joke.

In prin­ci­ple, the “boy­cott” by the lawyers’ groups is despi­ca­ble, but in real­ity noth­ing more than show­man­ship and to some extent a desire for self-preservation. It won’t be the first time someone’s been killed for tak­ing on an unpop­u­lar defense. The country’s col­lec­tive mind just doesn’t have the same sense of respect for the jus­tice sys­tem and frankly, given its his­tory, rightly so.

I would love to see this inci­dent serve as a cat­a­lyst for all sorts of penal sys­tem reforms, but I don’t see it happening.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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