Mumbai: Advocates in Mumbai are facing a dilemma about whether to take up arrested terrorist Ajmal Kasab's case or not.
It was perhaps the call of conscience that prevented Dinesh Mota from taking up the case of arrested Mumbai attacker Ajmal Kasab. Not just him, even lawyers who have defended other terror accused in Mumbai feel it would be immoral to defend this case.
"He was caught red handed. There is no doubt about his involvement. In such a case it would be immoral to take it up," Advocate Mubin Solkar says.
The Esplanade Court Bar Association has even gone a step ahead and passed a resolution that none of them will defend Ajmal.
But according to the law, Ajmal has the legal right to defence and hence one of the lawyers in the city will have to take up the case — a prospect many are dreading.
City lawyers say that the Indian Government can help them out of this moral dilemma by using a special provision and declaring Ajmal an alien enemy.
“Once the government declares him an alien enemy then according to Section 22 of the Constitution, he will not have a right to defence," says Advocate Shahid Azmi.
But this step could damage India's image as a fair state and on the other hand, if no lawyer takes up the case, Ajmal might get a chance to get the trial transferred out of Maharashtra. All this would only delay justice to the victims of 26/11.
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