Mumbai suspect faces legal void

By Prachi Pinglay
BBC News, Mumbai

Indian law requires representation for Mohammed Ajmal Amir Qasab

Some Indian lawyers are refusing to act for the sole surviving Mumbai attacks suspect and others are being threatened if they suggest representing him.

Legal representation for Mohammed Ajmal Amir Qasab has become a challenge for the Indian authorities.

Two lawyers turned his case down and a 1,000-strong lawyers' association says none of its members will act for him.

On Sunday right-wing nationalists protested at the home of a lawyer who indicated he might represent Mr Qasab.

'Controversy'

On 11 December, when Mr Qasab's remand was extended for another two weeks, a lawyer approached by the legal aid panel refused to appear for him.

Dinesh Mota said he refused on moral grounds.

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"I said even if I lose my licence to practise, I will not represent him. I feel as if he has killed my family members. It was an attack on my family when he opened fire on Indians at CST station."

Any accused, Indian or foreign, is entitled to free legal aid if no practising private lawyer stands for him or if the accused cannot afford the fees.

It is a constitutional right of any accused who has committed an alleged crime on Indian soil.

Mr Mota's opinion is echoed by the lawyers' association he belongs to.

It has passed a resolution saying none of its members would represent Mr Qasab.

The killings angered Hindu nationalists

Some political parties have threatened lawyers against defending the accused.

On Sunday members of Shiv Sena, a right-wing regional party, demonstrated in front of the house of lawyer Ashok Sarogi, who was contemplating appearing for Mr Qasab.

Mr Sarogi said that without a lawyer appearing for Mr Qasab the case could not proceed, but he too has now refused to defend the accused.

"Why should I get into a controversy?" he asked.

On Monday, the Press Trust of India reported that about 100 Shiv Sena activists had attacked the home of Mahesh Deshmukh, another lawyer who had shown an interest in the case.

A similar situation occurred after the Mumbai (Bombay) train bombings of July 2006, when local politician Raj Thackeray threatened lawyers not to take up the cases of the accused.

Lawyer Mubin Solkar, who has taken on cases of those accused in the blasts and faced threats, said lawyers had the right to decline cases.

He said Mr Qasab's assumed guilt made it "very difficult for a lawyer to argue for him".

Mr Solkar added: "Threats to lawyers in such cases are real and any lawyer can refuse to represent if he fears danger."

PA Sebastian, of the Committee for the Protection of Democratic Rights, who filed a complaint against Raj Thackeray at the time of the train bombings trial, said there had to be a fair trial.

"No lawyer can be forced to take up the matter. At the same time there should be no resolutions by lawyers' bodies dissuading advocates from taking up this case. Any campaigning against him would be against the principle of the Indian judicial system."

Mr Qasab's remand comes up for further extension on 24 December.