Doubts raised about fairness of Delhi rape trial
NEW DELHI (AP) – In the court of public opinion, the men being tried in the gang rape of an Indian university student should be hanged in a public square.
That demand for swift justice might make it impossible for them to get a fair trial in a court of law. Already, there are plenty of portents.
Amid the heightened emotions that have surrounded this case a local bar association has stopped its members from representing the men citing the heinous nature of the crime. The three grandstanding lawyers who have rushed in to represent the accused spent weeks taking potshots at each other instead of coordinating a defence. Two lawyers fought for days over which one was representing one of the defendants.
And the case is being heard by a brand new fast track court, set up in the wake of the rape to deal with sexual assaults in the capital, that is under pressure to reach a verdict within weeks. Finally, whatever is said or submitted in court has to stay in the room – a gag order by the judge prevents the media from reporting anything about the case.
“However wicked and depraved society may perceive a person to be, he deserves a fair trial. He deserves a good defence,” said Markandey Katju, a retired judge of India’s Supreme Court.
“That some of those charged are the real culprits and some are innocent … that is a very real possibility,” he said, adding that in India the police “spreads its net wide”.
As details of the attack have emerged Katju said he feared the trial may be overrun by emotion rather than the calm voice of reason.
“You can’t decide cases on sentiment. That’s lynch law.”
The attack in the heart of New Delhi brought protesters into the streets demanding the government protect women and ensure those attacked get justice. In response, the city government set up five fast track courts to swiftly handle those cases, keeping them out of India’s overburdened regular court system, where trials can drag on for years if not decades.
As the police framed charges against the men and prepared for trial the bar association of Saket, the district where the case is being heard, declared that their members would not represent the men. They were following a precedent set by lawyers’ groups across India over the last few years, which have banned their members from representing those accused of terrorism and other heinous crimes.
“This is completely unconstitutional and unethical,” said Katju. “Right minded lawyers should defy and ignore such rulings.”
Outside the courtroom the cries for a quick trial and execution of the five men have persisted.
“They should be handed over to the public and hanged,” said Prakash, a 51-year-old gardener who had come to court on a personal matter but waited to get a glimpse of the accused being whisked into court. She uses only one name.
The three men who rushed forth to represent the accused were not members of the local bar and have spent more time fighting each other than putting up a defence.