CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A State Brief was appointed for the appellant to prosecute the Criminal Appeal filed by him against conviction and sentence under Section 302 of the, Indian Penal Code. The State Brief sent a letter dated nil to the Crl.R.P. Section stating that he has difficulty to conduct the case "by telling lies in the Court". In the letter it is also stated that "on going through the case", he found no merit on the side of the accused. The State Brief requested to withdraw from the case. We do not think that the State Brief is entitled to send a letter of the nature mentioned above. It is not for the State Brief to express his view to the Court about the falsity or otherwise of the case of the accused. It is also not the duty of the State Brief or any lawyer to tell lies before Court while defending an accused. A State Brief or a lawyer appearing for the accused is entitled to and he is duty bound to present the case for and on behalf of the accused with reference to the materials on record. He need not and should not tell lies. The counsel is expected to bring to the notice of the Court the facts which will go to the benefit of the accused. We do not think that the State Brief was justified in stating the aforesaid reasons for withdrawing from the case.

(2.) An advocate shall fearlessly uphold the interests of his client. An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honorable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence. (See Chapter II of Part VI of the Bar Council of India Rules.) However, since the State Brief has expressed his unwillingness to appear in the case, the Registry will appoint another State Brief.