You are on page 1of 1


Honble Mr. Justice K. T. Sankaran & Honble Mr. Justice Babu Mathew P. Joseph
CRL. A. NO. 265 OF 2015, DECIDED ON 17TH MARCH, 2015

The Order of the Court was delivered by K. T. Sankaran, J.
1. A State Brief was appointed for the appellant to prosecute the Criminal Appeal filed by him
against conviction and sentence under Section 302 of theIndian Penal Code. The State Brief sent a
letter dated nil to the Crl. RP. Section stating that he has difficulty to conduct the case by telling lies
in theCourt. In the letter it is also stated that on going through the case, he found no merit on the
side of the accused. The State Brief requested to withdraw from the case.
2. We do not think that the State Brief is entitled to send a letter of thenature mentioned above.
It is not for the State Brief to express his view to the Court about the falsity or otherwise of the case of
the accused. It is also not the duty of the State Brief or any lawyer to tell lies before Court while
defending an accused. A State Brief or a lawyer appearing for the accused is entitled to and he is duty
bound to present the case for and on behalf of the accused with reference to thematerials on record.
He need not and should not tell lies. The counsel is expected to bring to the notice of the Court the
facts which will go to the benefit of the accused. We do not think that the State Brief was justified in
stating theaforesaid reasons for withdrawing from the case.
3. An advocate shall fearlessly uphold the interests of his client. An advocate shall not
ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable
and sufficient notice is given to the client. It shall be the duty of an advocate fearlessly to uphold the
interests of his client by all fair and honourable means without regard to any unpleasant consequences
to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion
as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man
should be convicted without adequate evidence. (See Chapter II of Part VI of the Bar Council of India
4. However, since the State Brief has expressed his unwillingness to appear in the case, the
Registry will appoint another State Brief.
The name of the State Brief shall not be mentioned in the judgment and in law journals. This
direction is being issued to avoid embarrassment to the counsel and also not to discourage him.