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While these high-profile lawyers have defended hardened criminals and gangsters like Abu Salem and Yakub Memon, they tell Rita Ghose there are moral dilemmas involved in accepting the terrorist's case
 Sudeep Pasbola
Has represented: Gangsters Subhash Singh Thakur, an accused in the JJ shootout case and Abu Salem who is undergoing trial for the murders of actress Manisha Koirala's secretary Ajit Dewani, builder Pradeep Jain, and the 1993 serial blasts case.
On defending Qasab: When you are a practising criminal lawyer, there is no question of a being stuck in a moral dilemma. We are a civilised nation, the largest democracy in the world. We are governed by law, which is why we should give fair trials to even the worst of criminals. However, I won't take up Qasab's case because he is not Indian and we can't equate him with Indian undertrials. Moreover, I respect the sentiments of Mumbai's citizens, so as an act of solidarity, I won't take up the case.
 Harshad Ponda
Has represented: Yakub Memon, brother of Tiger Memon who is the prime accused in the 1993 blasts case. Yakub was sentenced to death on July 27, 2007, by TADA judge P D Kode. Ponda also defended gangster Chhota Rajan, MLA Arun Gawli and Pravin Mahajan.
On defending Qasab: Everyone has the right to be defended fairly. It is the job of the lawyer to establish the case for the person he is defending.
Who are we to find anyone guilty? Qasab should get a fair trial, but who will do it? I cannot. He has attacked people I know. He has attacked my city, and if I had to defend him, there would be a conflict of interest.
Someone with such an attachment to the case must not take it up.
 Ram Jethmalani
Has represented: Jessica Lal's murderer Manu Sharma as well as Satwant Singh and Kehar Singh, who assassinated Indira Gandhi. While Satwant and Kehar were hanged, Manu is serving life imprisonment.
On defending Qasab: Lawyers who have been refusing to represent Qasab are merely seeking publicity. Has he asked for a lawyer? Everyone has a right to have one, and no lawyer can refuse a case, it is against Bar Council rules.
(Jethmalani refused to comment on whether he would take up the case, if he was approached)
| Qasab's rights |
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Mohammed Ajmal Qasab | Under international law, prisoners, whether under trial or convicted, have a right to defend themselves and to appeal, once convicted. If a person has no lawyer to fight his case, the legal aid cell helps him get a lawyer.
Trial without legal aid is illegal and unconstitutional, according to Article 21 of the Indian constitution. India is bound by the international covenant on civil and political rights, which covers the same ground.
- Human rights activist and retired HC judge Hosbet Suresh |
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| International covenant on civil and political rights |
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Relevant sections from the international covenant on civil and political rights drawn by the Commission of Human Rights, United Nations on 23 March 1976 that apply to Mohammed Ajmal Qasab
Article 9: Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law
* Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. |
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