RASSANA MURDER AND RAPE CASE: Petition filed by Advocate in HC, seeking meeting with accused

GENERAL GUIDELINES, DIRECTIONS SOUGHT ON DIGNIFIED ADVOCATES - DETENUES MEETING IN JAILS; CASE LISTED TODAY

19/04/2018

JAMMU, Apr 18: Mr A K Sawhney Advocate who has been engaged alongwith his chamber collegues in the much publicised Rassana Murder and Rape case has filed a writ petition in the State High Court through Advocate Aseem Kumar Sawhney seeking directions to the SP Jail Hiranagar to permit the lawyers of the accused to meet their client Tilak Raj and to have a legal interview with him. They sought directions that the meeting may be conducted in a dignified manner and provide chairs to the lawyers for at least sitting and discussing the case without there being any iron bars and other people to hear the conversation.
Petitioner A K Sawhney through his lawyer son Mr Aseem Kumar Sawhney has filed this petition wherein he has submitted that he is an Advocate with a practise of more than 44 years at Bar and is filing this petition seeking general relief for all Advocates/ lawyers who have to face humiliation, embarrassment and discourtesy by the Jail staff while visiting their clients in the Jails for consultation and other professional duties like signatures, drafting, obtaining instructions and also seeking personal relief for directing the respondents to permit the petitioner to meet his client Tilak raj lodged in Distt jail Kathua in the much reported and much publicised Rassana rape and murder case.
It was submitted that on 9.4.2018 the challan/final report in the said case was presented and the committal court fixed the date on 16.4.2018 before the Trial Court of Sessions Judge Kathua. On 16.4.2018 the petitioner namely A K Sawhney with Aseem Kumar Sawhney Advocate appeared before the Ld Trial Court and conducted the proceedings after filing vakalatnama of the brother and also with permission of the Court taking signatures of client Tilak Raj on the Vakalatnama in the Court itself.
Since the family of the accused/under Trial Tilak Raj had engaged the petitioner and Aseem Kumar Sawhney Advocates therefore it was incumbent to obtain instructions and hold interview / consultations regarding several issues viz. matters pending in the Supreme Court, regarding stand to be taken regarding transfer of the case matter in the Supreme Court and other issues related to the Trial of the case and defences.
On the same day i.e. 16.4.2018 the petitioner and colleague Advocates of the chamber namely Aseem Kumar Sawhney, Shiv Dev Thakur, Anil Sharma and one local Advocate reached the Distt Jail Kathua and they moved a formal application for meeting the client/ detenue/inmate Tilak Raj and have legal discussions in the matter.
Aseem Kumar Sawhney, Shiv Dev Thakur, Anil Sharma and Utkasrh Pathania reached the Jail at 11.22 AM and moved this application for meeting the detenue/inmate. Petitioner joined a little later at the jail while they were still waiting at the main gate and the SP Distt Jail neither called them nor permitted their meeting with the inmate. Till 1 PM the petitioner and colleague chamber Advocates waited when finally the respondent no. 3 called them to his chamber and clearly told that the meeting would not be provided and in case they wanted to meet they would have to meet in the ordinary way i.e. in the general meeting hall where there are many other prisoners meeting their families/ friends and there is a lot of commotion and on one side is the detenue made to stand and on other side the family member or interview has to stand or sit on the floor and speak in that room full of commotion where one can neither talk properly or hear properly. The petitioner and his colleague explained that legal counsel of choice and legal meeting is a fundamental right of the detenue and to speak to the client privately in a dignified and proper way is the right of the lawyer, but the respondent no. 3 after speaking to some higher up on phone refused to permit a decent meeting with the client and also denied to reject the application so moved with an order, and thus the right of meeting with the client was denied.
It was submitted was Adv Sawhney in the petition that though there can be no denial that both the lawyer and the client have their respective rights to meet and talk freely without any interference or interruption or hearing that conversation still from 11.22 AM to 1.15 PM the petitioner and other lawyers were harassed, humiliated and disparaged despite the respondent no. 3 fully knowing they are officers of the Court and even requested that the Supreme Court and High Court have held in many judgments about such rights and privileges, but still he refused.
That one hand the much publicized trial has started in the Trial Court. On the other hand the Supreme Court has taken cognizance of a petitioner seeking transfer of the matter from Kathua to outside the state, in such a state it becomes imperative to discuss the matter and have legal discussions and take instructions from the client but due to the arbitrary and illegal act of the respondents, the petitioner and the client have been denied this Constitutional and Fundamental Rights.
Sawhney submitted that he has been visiting Jails in Jammu for Legal Interviews during his Practice as an Advocate and now even his son -Mr Aseem Kumar Sawhney who too is an Advocate of 16 years of practice visits the jails, it has been felt and noticed various problems suffered by the Advocates, who visit Jail for Legal Interview. As a matter of fact, due to the problems narrated, to visit in Jail for Legal Interview is regarded as disrespectful amongst the Legal community. The Petitioner came to know about the impugned act of denial of meeting, is against the rights of the prisoners to seek Legal Advice and against the provisions of the constitution of India.
Case is listed todaybefore Justice Alok Aradhe for consideration.
Further the petitioner also sought guidelines/directions to the Jail Authorities for providing better facilities to the Advocates, who visit Jail for the purpose of Legal Interview e.g. providing proper place to sit, drinking water, Parking/Entry Sticker for vehicles etc.
The Petitioner came to know that there are no instructions/ standing order/rules regarding the meeting of lawyers with the inmates and therefore the lawyers are treated with disrespect in the jails in the State like the humiliation faced by the petitioner and his colleagues. It is pertinent to mention here that there are several jails in Jammu and outside Jammu and Counsels who visit Jails are required to park their vehicle outside the gate and to travel for long, depending upon the Jail they wish to go for Legal Interview. Further, Counsels are required to wait outside the Jail for 1 hour/ 30 minutes atleast or more than that depending upon the discretion of Jail Authorities and then they are permitted to go inside. All Advocates, who wish to go for Legal Interview are required to write an application for legal interview with photocopy of their Photo Id Card etc and then after hours of waiting are taken for some e pass facility and photos are taken and after the process of hours they are permitted inside but it remains the discretion of the Jail authorities as in the present case, that in absence of any order, guidelines or standing instructions the jail officials demean the Advocates and insult them by asking to stand near the iron bars in the meeting hall where there is so much of commotion and noise and there are people from the general public taking and meeting their inmates/ accused and thus it impedes the privileged communication of the lawyer and client besides being humiliating and disrespectful. By way of the present Petition, the Petitioner also sought appropriate directions be passed to the Respondents to give proper respect and dignified treatment be given to the Counsels, who visit J&K Jails for Legal Interviews. More Particularly because most of the Advocates, who visit Jail for Legal Interview are Young Advocates and the hostile treatment Jail Administration adversely affects the dignity of the Legal Profession.

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