Akbar’s Right to Defence

I am a tad surprised at the manner in which certain sections of the Bar questioned the propriety of Senior Advocate and former Advocate General DV Sitha Ram Murthy appearing for Akbaruddin Owaisi in the recent writ petition. It is strange that a set of lawyers raised the question in private and some of his near and dear were heard fending for him. There can be no doubt that the statements made by the MIM MLA are deplorable. It is also clear that unlike many other aspects, in life class is not hereditary. If nothing, the speech is appropriately dubbed a ‘hate speech‘ and it shows a lot of misunderstandings about the secular fabric of the country. It also speaks poorly of a MIM who has been a beneficiary of an electorate that now stands branded and embittered if the content of the speech is question is correct.
Even the well informed, and particularly those professionally committed to defending even the undefendable, raise questions of propriety in chosen moments of personal luxury. In a world where morality is lack of opportunity it is easy to raise these questions. Wait though. For I believe very strongly that what the learned Senior Advocate did was not just right but of high professional standard and a true response to a rich calling.
I believe that every human action that comes up for judicial scrutiny is entitled to a hearing and this hearing is not an empty formality. I would start with the presumption that Akbar may not have a defence but has a right to a defense. The pride of our polity is not just tolerance but the guarantee of the Rule of Law. Let us not forget that even Kasab was in jail all the while as the mighty legal system took its majestic drive towards the inevitable. Once it is conceded that Akbar is entitled to be heard in a court of law, how is it logical to not make available the best legal mind and voice for the same? To crack the contradiction is simple. He is entitled to the best and it is not a bit surprising that the named lawyer was chosen.
The happenings in the court were yet another glorious chapter that reflects the rich texture of our system. For a quick recall: the matter was called and up stood the Senior and talented lawyer. He said that his client was before the court questioning the multiple F.I.Rs filed against him and that this could be seen as an abuse of the process of court. Note: he was neither arguing that the MIM MLA should not be proceeded with or that the man had denied his speech or that it did not make for an offence. His referral circumstance was simple: no multiple FIRs. The judge pointed out in statesman like fashion how the MIM MLA has fallen short of the great expectations of the electorate, how he had done his own heritage wrong. He gave him the benefit of doubt and said that he perhaps could not have meant many pointed statements constituting the crass address. He went on to point out to the paradox that the man who was abusive of the Hindu deity had paradoxically sought the assistance of a man named in deference to the same deity: Rama. There was an interesting side to the entire happening. Sitha Ram was appearing for Akbaruddin (incidentally a name he shares with one of the greatest secular Kings in the annals of history!!); appearing for the Government was Janaki Ram. When this was pointed out to Janaki Ram about which Ramudu would succeed, the soft spoken but wise Janaki responded: let us leave to Narasimha (ref: Justice Narsimha Reddy). Justice Narasimha Reddy referred in spite of heavy schedule instance of the camaraderie between members of the two communities and how the whole episode left a bad taste in the polity. He signed off with characteristic charm when he said that the erring MLA would hopefully introspect and correct.
To me DV Sita Ram Muthy showed just not a great level of professional etiquette in accepting the brief but even high statesmanship in deciding to raise his hand and be counted as one who truly believes that the system enriches its credibility by ensuring that every voice is heard- even if rabid, even if ranting, even if it is filled with hate. That is the richness of our tapestry and you need a connoisseur to understand it. Kudos to Justice Narsimha Reddy and DV Sita Ram Murthy in the Akbaruddin episode.