It's not hard to imagine what Manu Sharma is up against. He is the man facing public outrage, a man who perhaps has a reputation of getting into trouble, a man who belongs to a powerful family with connections. To ensure that this case is fairly tried, we don't just need Jessica's family to get a fair hearing, we also need Manu Sharma, the main accused in the case to get the best legal defence.
Isn't that so? Or is he indefensible? Who decides that? You, me, my friend or we the people. That decision is taken by the courts in our country. And till then Manu Sharma is innocent. If that's the case then why is there so much shock and outrage when a man like Ram Jethmalani, most certainly one of the country's best legal brain decides to defend Manu Sharma. Just like the doctors' Hippocratic Oath, aren't lawyers bound by a professional ethic code to defend whoever comes to them, regardless of whether they are rich or poor, powerful or powerless?
So does that mean tomorrow, there will be people defending Dawood Ibrahim? Yes, there will be. And that's what perhaps makes this judiciary strong, vibrant and one we still have faith in
Imagine if the lawyers in this country were to choose cases only based on what would make them popular, or which way public pressure was moving. Our criminal justice system would collapse. Why is there so much faith in the judiciary, inspite of its pending matters and long drawn out legal processes? There is faith because we believe as citizens of this country, that once the matter is heard the guilty will be convicted and the innocent let free. Jessica and her family need justice. There are no two ways about it. But its also true her soul would rest in peace only when the man who killed her is convicted after a fair trial and found guilty on proper evidence. You, me and many other Indians who have walked with candles and held marches aren't really sure who killed Jessica.
Every defendant has the right to legal representation. The reason for the outrage and the irony of it all is that Jessica Lall's family has no say in the public prosecutor being appointed for their side, whereas Manu Sharma, today with all his money and clout, can get the best criminal lawyer on his side. The fight has always been about the rich getting away with murder whereas the middle-class having to pay the price for not only justice delayed and but also justice not delivered. You and I know that, and am sure the very able Mr Jethmalani would know that too. He has entered a high profile case and has increased the stakes. And that is why there is so much fury about his participation. The country's best criminal lawyer has choosen to represent not some underdog but the son of a rich, influential politician.
Manu Sharma has every reason to choose Ram Jethmalani but what are Mr Jethmalini's reasons for defending s a controversial accused? Is it because he truly believes Manu Sharma is innocent, or does he believe his job is to put forward the best defence for his client. Is it the thrill of defending someone who on the surface looks indefensible? Is it that he genuinely feels that Manu has been tried in the court of public opinion before he could really be tried by the High Court?
Unfortunately there are no answers. Only, Mr Jethmalani knows what he is doing. The circumstantial evidence, as available in the public domain goes overwhelmingly against Manu Sharma and unfortunately for Jessica's family members they are now pitted against a formidable adversary, Mr Ram Jethmalani, in their fight to get justice for their Jessica. Its not time for sentiments. The case will be fought on evidence and argument alone. So what are the other legal brains in this country doing. Am sure they can come forward and assist the Prosecution help Jessica's family get a fair trial. About the AuthorAnubha Bhonsle Anubha Bhonsle is an award-winning journalist and author. She is the Executive Editor at CNN-News18. In her current role, she hosts the daily prime ti...Read Morefirst published:November 03, 2006, 17:10 ISTlast updated:November 03, 2006, 17:10 IST
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The question has troubled me, I admit. I am part of the pressure group, too, that definitely feels Jessica needs Justice. So many years later, it may mean little, but Justice for Jessica has to go beyond a caption. It has to be a reality and it has to be in your and my lifetime. So how does Jessica get justice. "Well, what's there to think. Just throw that guy, that Manu Sharma into the prison," a friend said. "But he's just the accused," I replied. "He needs a fair trial too. Doesn't he ?"
It's not hard to imagine what Manu Sharma is up against. He is the man facing public outrage, a man who perhaps has a reputation of getting into trouble, a man who belongs to a powerful family with connections. To ensure that this case is fairly tried, we don't just need Jessica's family to get a fair hearing, we also need Manu Sharma, the main accused in the case to get the best legal defence.
Isn't that so? Or is he indefensible? Who decides that? You, me, my friend or we the people. That decision is taken by the courts in our country. And till then Manu Sharma is innocent. If that's the case then why is there so much shock and outrage when a man like Ram Jethmalani, most certainly one of the country's best legal brain decides to defend Manu Sharma. Just like the doctors' Hippocratic Oath, aren't lawyers bound by a professional ethic code to defend whoever comes to them, regardless of whether they are rich or poor, powerful or powerless?
So does that mean tomorrow, there will be people defending Dawood Ibrahim? Yes, there will be. And that's what perhaps makes this judiciary strong, vibrant and one we still have faith in
Imagine if the lawyers in this country were to choose cases only based on what would make them popular, or which way public pressure was moving. Our criminal justice system would collapse. Why is there so much faith in the judiciary, inspite of its pending matters and long drawn out legal processes? There is faith because we believe as citizens of this country, that once the matter is heard the guilty will be convicted and the innocent let free. Jessica and her family need justice. There are no two ways about it. But its also true her soul would rest in peace only when the man who killed her is convicted after a fair trial and found guilty on proper evidence. You, me and many other Indians who have walked with candles and held marches aren't really sure who killed Jessica.
Every defendant has the right to legal representation. The reason for the outrage and the irony of it all is that Jessica Lall's family has no say in the public prosecutor being appointed for their side, whereas Manu Sharma, today with all his money and clout, can get the best criminal lawyer on his side. The fight has always been about the rich getting away with murder whereas the middle-class having to pay the price for not only justice delayed and but also justice not delivered. You and I know that, and am sure the very able Mr Jethmalani would know that too. He has entered a high profile case and has increased the stakes. And that is why there is so much fury about his participation. The country's best criminal lawyer has choosen to represent not some underdog but the son of a rich, influential politician.
Manu Sharma has every reason to choose Ram Jethmalani but what are Mr Jethmalini's reasons for defending s a controversial accused? Is it because he truly believes Manu Sharma is innocent, or does he believe his job is to put forward the best defence for his client. Is it the thrill of defending someone who on the surface looks indefensible? Is it that he genuinely feels that Manu has been tried in the court of public opinion before he could really be tried by the High Court?
Unfortunately there are no answers. Only, Mr Jethmalani knows what he is doing. The circumstantial evidence, as available in the public domain goes overwhelmingly against Manu Sharma and unfortunately for Jessica's family members they are now pitted against a formidable adversary, Mr Ram Jethmalani, in their fight to get justice for their Jessica. Its not time for sentiments. The case will be fought on evidence and argument alone. So what are the other legal brains in this country doing. Am sure they can come forward and assist the Prosecution help Jessica's family get a fair trial.
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