Kathua gangrape case: Lawyers' obstruction affects dispensation of justice, says SC

Taking strong note of some lawyers obstructing the judicial process in the Kathua gangrape and murder case, the Supreme Court today initiated a case on its own record saying such impediment "affects the dispensation of justice and would amount to obstruction of access to justice".

The top court said that it is a settled law that a lawyer who appears for a victim or accused cannot be prevented by any bar association or group of lawyers, for it is his duty to appear in support of his client.

A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud was also critical of the Jammu High Court Bar Association, which had passed a resolution not to attend the courts saying "it is the duty of the bar association as a collective body and they cannot obstruct the process of law".

"If a lawyer who is engaged, is obstructed from appearing in the court or if his client is deprived of being represented in the court when he is entitled to do so in a lawful manner, that affects the dispensation of justice and would amount to obstruction of access to justice and interference with the administration of justice," the bench said in its order.

The top court took initiated the case suo motu after some lawyers brought to its notice that the members of the Kathua District Court Bar Association at Jammu & Kashmir, are obstructing the lawyer who is appearing on behalf of the family of the victim in the court.

Advocates P V Dinesh, Shobha and Gopal Shankarnaraynan informed the court that a lawyer appearing for the victim's family was being threatened and the obstruction has support of high court bar association.

The top court said, "It is settled in law that a lawyer who appears for a victim or accused cannot be prevented by any bar association or group of lawyers, for it is the duty of a lawyer to appear in support of his client, once he accepts the brief."