The Vishva Hindu Parishad (VHP) on Tuesday criticised the Faizabad Bar Association's resolution barring advocates from appearing for those accused in the alleged theft of donations from the Ram Janmabhoomi temple, saying the move violated constitutional principles and professional ethics.
The remarks came a day after the bar association resolved that no advocate would represent the accused in the case and announced a fine of Rs 5 lakh on any lawyer who chose to do so.
VHP international president Alok Kumar said he had no sympathy for those accused in the case but could not support any position that was "unethical and unlawful".
"I have no sympathy with any person accused of the heinous offence of chadhava chori (donation theft) in the Ram Janmbhoomi Mandir. We would earnestly press that the investigation is quickly completed, the matter tried in a fast-track court and the guilty persons go behind bars, say within four to five months from now.
"However, this does not persuade me to support a position that is both unethical and unlawful," Kumar said in a post on X.
Urging the bar association to reconsider its decision, he said the resolution violated constitutional principles and professional ethics.
Citing the Supreme Court's 2011 judgment in the A S Mohammed Rafi case, Kumar said the apex court had held that resolutions by bar associations refusing to defend particular accused were "wholly illegal", contrary to the traditions of the bar and against professional ethics.
Quoting the judgment, he said, "Every person, however wicked, depraved, vile, degenerate, perverted, loathsome, execrable, vicious or repulsive he may be regarded by society, has a right to be defended in a court of law and correspondingly it is the duty of the lawyer to defend him."
Kumar also referred to constitutional safeguards guaranteeing every arrested person the right to consult and be defended by a legal practitioner of his or her choice.
He further cited the Bar Council of India Rules on professional conduct, which require advocates to accept briefs in courts where they ordinarily practise, except in special circumstances.
"The Supreme Court declared that all such resolutions of bar associations in India are null and void and the right-minded lawyers should ignore and defy such resolutions if they want democracy and rule of law to be upheld in this country," Kumar said.
The VHP's remarks came amid an ongoing probe into the alleged embezzlement of temple donations, in which eight people have been arrested so far.
On Monday, the RSS affiliate asserted that the Shri Ram Janmabhoomi Teerth Kshetra Trust itself had pushed for a fair investigation, carrying out an internal inquiry and subsequently seeking the formation of a Special Investigation Team (SIT).
Rai, the Trust's general secretary, and Trust member Anil Mishra resigned from their posts on June 27, two days after an FIR was registered in the case.
The arrested accused have been identified as Avinash Shukla, Anukalp Mishra, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Subhash Srivastava and Ramashankar Yadav alias Tinnu Yadav.
Kumar said the Trust had initiated action immediately after irregularities came to light, in a video message posted on X.
"After the case came to light, the Trust members conducted an internal probe, identified some culprits, and recovered Rs 80 lakh. Immediately after this, the Trust members approached the chief minister and urged him to constitute an SIT," he said.
According to Kumar, the Trust lodged an FIR after receiving the SIT's preliminary report, naming the eight accused while also seeking a comprehensive investigation into the matter.
"The Trust itself demanded that the matter be investigated from every angle and that all allegations be thoroughly examined," he said.
Defending Rai and Mishra, Kumar said both had voluntarily stepped aside to facilitate an impartial probe.
"When the issue was raised that if Champat Rai ji continued in his post, he might tamper with evidence or influence witnesses and obstruct the investigation, both Champat Rai ji and Anil Mishra ji immediately tendered their resignations," he said.
Kumar maintained that the VHP and the Trust wanted the truth to emerge and were fully cooperating with investigators.
The VHP also attacked opposition leaders, including AAP convenor Arvind Kejriwal, alleging that unlike Rai and Mishra, they had not resigned from public office despite facing corruption allegations.
Drawing a contrast, Kumar referred to Kejriwal, former prime ministers P V Narasimha Rao and Rajiv Gandhi, and Congress leaders Sonia Gandhi and Rahul Gandhi, alleging that they had not stepped down despite controversies or legal proceedings.
"This is the difference between the conduct of Champat Rai ji and that of the Congress and AAP leaders," he said.