The Supreme Court today directed the Bar Association of Gurgaon and its members not to cause any hindrance to the trial in the Ryan International School murder trial/ case.
The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud was hearing a transfer petition filed by Francis Thomas, regional head of Ryan International School.
The petition filed through AoR Astha Sharma sought for a transfer of the trial from Gurgaon to Saket District Court in Delhi, or any other competent court.
Senior advocate Mukul Rohatgi, appearing for Thomas, submitted before the Bench that his client was being subjected to continuous hostile treatment from the members of the Bar. He submitted that due to a resolution passed by the Bar Associations, no lawyer is being allowed to represent Thomas.
The District Bar Association of Gurgaon submitted that they have withdrawn their resolution and that Thomas can be represented by any lawyer. To this, Rohatgi asked,
“Why did you pass it in the first instance?”
Taking into account the submissions of both the parties, the Court declined to transfer the case. However, it made it clear that,
“Any accused, whatever the offence may be, has the right to be represented by an advocate.”
The Court also stated that bar associations are not allowed to pass such resolutions. It, therefore, directed the office bearers to see that the order passed by the Court is complied with.
The Bench has also directed that the family members of Thomas be allowed to meet him and that no hindrance is to be caused to them as well.
The matter will now be heard before the Special Judge, Gurgaon, who is the competent authority to deal with the matter under the Protection of Children from Sexual Offences (POCSO) Act.
Last week, Senior Advocate KTS Tulsi had mentioned the matter in the Supreme Court, seeking a transfer of the case. The Bombay High Court had refused to grant anticipatory bail to the members of the Ryan International board.
Reference-
Bar and Bench
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