WHY THE FUNDAMENTAL RIGHT OF GETTING LAWYER IS NOT GIVEN ---------------------------------------------- Kamduni rape case: Accused move fresh application KOLKATA: Three of the accused in the Kamduni rape and murder case have moved a fresh application in the City Sessions Court of Kolkata alleging that the order passed by the chief judicial magistrate (CJM) of North 24-Parganas on June 9, 2013, was fabricated. Their counsel Phiroze Edulji submitted that this amounts to interference with legal proceedings and cited several orders by the Supreme Court and high courts in which judges have come down hard on people, including police officers for interfering in legal proceedings. The three were arrested on June 9, 2013, and produced before the CJM in the Barasat court on that day itself. Edulji claimed that the CJM didnt make any attempt to inform the accused that they had the right to be defended by a lawyer of their choice. Neither did she provide them a lawyer from the Legal Aid Service. She simply remanded them to police custody till June 19. The lawyer claimed that he took over the matter only after the trial was shifted to the sessions court from Barasat by the Calcutta high court. Only after this did he get access to documents. On going through these, he got a feeling that the July 9 order was fabricated. In the beginning, it was handwritten that the accused were arrested and produced. The investigating officer produced documents, praying for 10 days police custody. On the next page, the year 2012 has been typed without any date. It has been further stated that after hearing both sides, the bail petitions of the accused were rejected. How could this be the case when the accused were not represented by any lawyer and they had not filed any bail application? It has also been typed that a copy of the same order be sent to the court of the CJM of North 24-Parganas for his kind information. In other words, the CJM ordered her own order to be sent to her for her own information, Edulji submitted. He also submitted copies of the documents. He has prayed to the court to carry out an inquiry into the matter and file a complaint to a first class magistrate who can take cognizance in such matters.
Posted on: Thu, 30 Jan 2014 04:27:29 +0000
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