Recently a non Lawyer friend of mine sent me a reel on Instagram where an attorney in USA was asking his client "Who is the best counsel?" to which the client replies "Jayoma" to which the attorney replies "And why am I the best?" then the client starts by saying that the Attorney got his case dismissed and he was charged under assault and attempt to murder of a pregnant lady. The comment section of that reel was filled with comments showing the discontent against the Attorney.
This reminded me of similar instances where representation to the convicts in Nirbhaya Gang Rape case and representation to Ajmal Kasab and other terrorists, rapists and scammers was seen with a disdain in the eyes of ordinary people. Well people are emotional we can't blame them but the position of laws and regulations don't care about their feelings.
Concept of Legal Aid
Basically, every person is entitled to be represented in the court because if he is not represented he will not get punished. The main aim of the trial is to serve the justice by hearing all the parties, if one party is not heard at all then the trial will not reach its rightful end. So to meet the ends of justice, a trial is required and for a trial to happen we must have representation of such parties.
Legal Aid is not only a concept of Jurisprudence it is also a right as per Article 21 of the Constitution of India which states that "No person shall be deprived of his life or personal liberty except according to procedure established by law."
In Legal practice generally a lawyer is required to provide Legal Aids as he is bound by Bar Council of India Rules, Part VI, Chapter II, Rule 46 which states that -
"Every advocate shall, in the practice of the profession of law, bear in mind that anyone genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an advocate’s economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an advocate owes to society."
Further a Lawyer simply can't refuse to take a case without a sufficient cause as per Bar Council of India Rules, Part VI, Chapter II, Section II, Rule 11.
Judicial Position
In the case A.S.Mohammed Rafi vs State Of Tamil Nadu in year 2010 where Supreme Court while discussing the resolutions passed by Bar Council of States, stating that they will not represent terrorists said
In our opinion, such resolutions are wholly illegal, against all traditions of the bar, and against professional ethics. Every person, however, wicked, depraved, vile, degenerate, perverted, loathsome, execrable, vicious or repulsive he may be regarded by society has a right to be defended in a court of law and correspondingly it is the duty of the lawyer to defend him.
Conclusion
People generally have a very bad image of lawyers and their ethics. Many had said this to me while I was choosing to pursue degree in law that you have to tell many lies etc to feed yourself in this profession but to them I just tell them that first of all it is illegal to lie in court because that amounts to perjury. It is necessary that we respect everyone's profession and as lawyers one must try to conduct ourselves in such a way that we are respected in society.
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