Beruflich Dokumente
Kultur Dokumente
Press Release
09-01-2017
Rules 19 states that an advocate shall not act on the instructions of any person
other than his client or his authorized agent.
And an advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He shall also not disclose the advice
given by him in the proceedings if it does not violate section 126 of the Indian
Evidence Act, 1872.
Advocate Murugan, in defence of maoist clients being Indian citizens has only
been discharging his duty as under the provisions of advocate acts and it was
not in any way violative of the legal provisions and he is entitled for practice of
his profession as guaranteed under 19(g) of Constitution of india. Without any
such restraints the karur Courts compliance with Police , the search warrant
leaves Q branch the high possibility of utilizing any defence materials of the
advocate to implicate him in the same case he is defending. This is a fundamental
violation of the right of the advocate to defend his client and lack of protection from
the court leaves total violation of fundamental right to justice of the advocate and
thus his client.
Recently the Indian Association of Peoples Lawyers (IAPL) Fact finding team to
Chattisgarh over the encounter killings in Chattisgarh was arrested and charged
with Chattisgarh Special Public Safety Act and still remanded in prison. Earlier
Advocate Khurram Parvez, democratic rights activist of Kashmir was arrested under
Public Safety Act. Similar attacks on the defenders of demecratic and civil rights has
been on the increase in the past.
The situation is very grim. There is an increasingly growing intolerance of the state
against the resistance to neoliberal polices of the governments. The governments
have been arresting and implicating false cases on Human rights activists, lawyers,
democrats and journalists preventing them from observing ground reality by force.
CDRO considers the issuance of search warrant on a court officer without any
restraints for safeguarding his legal professions and practices guaranteed by Bar
Council of India rules and Indian Republican Constitution suffers from lack of
application of mind.
CDRO condemns the branding and arresting of any Advocates defending the
accused under UAPA and insists that courts should regard that no one is guilty until
proved before law and provide complete protection for such advocates to ensure
legal provisions.
CDRO condemns the highhandedness of Tamilnadu State police in arresting
Advocate Murugan and implicating him in the same case as the client he is
defending as per the legal provisions.
In solidarity
Sugumaran
CDRO, (CPDR-TN)