A.P. Singh, lawyer for convicts in Nirbhaya case decides to defend Rapists in the Hathras Rape and Murder Case. He says that if the accused are hanged it will be a political murder. He also brings into the discussion, Pakistan, China and Hindu-Muslim rhetoric saying he follows the constitution of which Dr. Ambedkar is Samvidhan Nirmata implying, if the procedures he follows are unethical then Dr. Ambedkar and the whole constituent Assembly is to be blamed.
AP Singh makes personal attacks on the victim’s mother and says, “the constitution doesn’t belong to her but to us.” He further states that generally rapists are not hardcore habitual criminals like terrorists and so must not be given capital punishment.
Questions should be raised on this lawyer’s ethics and intentions. He puts blame for increase in rapes on women’s character and sexual character roles they play in movies. He is a lawyer who preaches Hindu morality to the opposition. “Even if eye for an eye was the law,” he says, “you are seeking death penalty of four humans for the death of one victim.”
My concern is that rape deniers will ignite Hindu-Muslim hate to new levels to divert attention from this crime. Be aware, you adwij! (scheduled castes & tribes and Sudras), especially the Valmiki community. Don’t fall for this. You are considered only Hindu by the RSS and so-called “upper castes”, when it suits them. For example, when they want you to go against the Muslims. Otherwise you are untouchables and Shudras and will remain so.
Author of this article Shekhar Bodhakar is a London based Anti-Caste activist. He is the Composer of Buddhatāla and has also worked as Head of Mathematics department in a London college in the past. You can reach him at: globalambedkarites@gmail.com
DISCLAIMER: The views expressed in this article are the personal views of the author and not necessarily the views of “Voice of Dissent”.
Comment for the above article; by Himanshu Trivedi former Gujarat Judge (received via WhatsApp):
Well, most of the lawyers may not be judged on the basis of moral compass or conscience. By that standards, Ram Jethmalani or Arun Jaitley or Sushma Swaraj (or her family members) or for that matter, current Solicitor General and Attorney General of India may be termed as the VILEST LAWYERS EVER in the history of Indian lawyers.
The accused of Hathras case are also entitled to a fair and just legal trial and also their defense and to be able to have a lawyer representing their case. DENYING THOSE THE RIGHT TO HAVE A LAWYER IN ITSELF will make it a trial by a KANGAROO COURT. They may be held guilty. We keep on forgetting as a society that the ‘accused’ too are part of any society and they too are human beings and they have human, legal and constitutional rights as guaranteed including that of a fair trial. Let us not be FASCISTS OURSELVES while fighting against fascism. Sorry I do not agree with that is being suggested. Someone will have to represent the accused. You cannot say that oh sorry, this lawyer is a piece of shit (by that standard, every human being in this world are mostly pieces of shit having done something which is not fair – mostly I said).
It is a lawyer’s role to do their job. If there is surgeon, who has to do an operation of an accused shot with a bullet but have been charged with a heinous crime, shall the surgeon or the doctor let him/her (the accused) die!? Would that surgeon not be guilty in that case? The surgeon’s or doctor’s role is to try and do the best to try and save the life, however vile and villainous the person pays be. It is not the doctor’s role to judge. Similarly, it is not a lawyer’s role to Judge. The judge who was trying to try a SINISTER MURDERER (the person was charged with practically triple murders of Sohrabuddin Sheikh, his wife Kausar Bi and the witness/and third victim Tulsiram Prajapati is presently the HOME MINISTER. That person was represented by able lawyers, and when the able lawyers failed to achieve a DISCHARGE WITHOUT CONVICTION from a sitting special judge appointed to be working directly under the observations of the Supreme Court of India, that JUDGE was KILLED in mysterious circumstances. That judge died. The next judge got appointed and within no time, all the accused where discharged.
If one looks at the history of that matter, CBI had filed a charge-sheet, which was, if I am not mistaken, running into nearly 1100 pages or thereabouts. There were evidences including the Cell Phone coverage areas and locations of the persons accused including some of the TOP-MOST POLICE OFFICIALS of the then Gujarat Government. Also, prior to the killing of the Judge, for a long time, some of the longest time, some of the accused did not even got BAIL as the evidence, as per the Courts to which the bail applications were made, were very strong. To corroborate, one of the High Court Judges of Gujarat, who made sure that the Home Minister of Gujarat was actually sent to prison, got disadvantaged into the promotion (Mr Akil Kureshi) – SO, let us not blame the poor lawyer wanting to represent the HATHRAS accused. It is their right to have a lawyer. Let us focus on what the State Government of UP has been doing and under whose umbrella all these things are allowed to be happening in UP and other places. The issues are different and more important. Do not blame a simple lawyer who at least has the courage to do his job without being worried about the public opinion.
I personally do not agree with the views of the lawyer or victim blaming but if the lawyer is doing the wrong things and giving such statements, there are provisions in law to deal with such a lawyer and discipline such a person, including debarring a person if found guilty by the concerned Bar Council of the concerned State or the Bar Council of India. However, those Bar Councils too, in these highly hateful climate and divisive times, divided on political lines and people like Prashant Bhushan or Dushyant Dave may be targeted or criticised by such Bar Councils or even some Bar Associations leaders as I have read a few statements to that effect in recent times, when it comes to actually disciplining the bad lawyers, the Bar Councils generally develop cold feet. Well, I am not surprised about anything as in India, every sphere of life, whether it is the independence of the local Cricket Organisation – State of BCCI or a small election in a local Court’s Bar Association or even the Supreme Court Bar Association etc. and Bar Council of India, things are, instead of the persons with moral high grounds, being controlled by politicians in a country of 1.35 billion people, where we have to ask ourselves an ongoing question, but after XYZ JHOOMLEBAAZ, who else!? – and that, my friends, is the type of tragic situation which we are facing as a nation – crisis of the character, in general, in every sphere of life and activities. Everything compromised completely. Sad.
