It is strange that lawyers themselves sometimes go against the law. The Faizabad Bar Association has decided that none of its members shall defend the eight accused in the alleged embezzlement of funds for the Ram temple. It will also impose a five lakh-rupee fine on any lawyer who chooses to represent them. Going by the Supreme Court’s pronouncements at different times, this is a double offence. Not only did the Supreme Court declare that the refusal of lawyers to represent the accused was illegal, unconstitutional and against professional ethics but, in 2019, the Uttarakhand High Court also declared resolutions against any lawyer’s representation of the accused null and void. In 2002, the Supreme Court had ruled that boycotts by lawyers were illegal and amounted to contempt of court. One of the clearest statements came during the appeal of a 2010 case where the Supreme Court stated that however wicked, loathsome or vicious an accused person is perceived to be by society, every person has the right to be defended in a court and it was the lawyer’s duty to defend him or her. Besides, professional ethics demanded that every lawyer accept the brief given if the payment was appropriate.

Article 22(1) of the Constitution enshrines the fundamental right of all to be defended. Article 14 guarantees all equal protection by the law. Yet the Faizabad lawyers are not the first to ignore all of these. There are a number of similar instances; the Saket district court’s lawyers’ refusal to defend the accused in the 2012 Delhi gang rape and murder is another example. Usually the refusals occur when there is public outrage against a particularly heinous act of rape, murder or terror. Since courts are mandated to provide defence counsel and agencies such as the National Legal Services Authority ensure representation, the lawyers’ defiance of Supreme Court directives and the Constitution appears to be a statement of position. But lawyers should not be stating a collective position against an accused awaiting trial. In this context, it may be asked what position is being declared by the Faizabad Bar Association. Is law being confused with religion here?