Twitter
Advertisement

Legal eagles branded traitors

1993 Mumbai blasts accused feel they were deserted by their lawyers.

Latest News
article-main
FacebookTwitterWhatsappLinkedin

“Jab jahaz doobne wala hota hai, sabse pehle choohe kinara dhoondte hain (Rats are the first to desert a sinking ship)”. This bitter comment from one of the 1993 serial blasts accused echoes the angst of some co-accused who feel they have been “deserted” by their lawyers.

The first blow came when lawyer Nitin Pradhan, who represented 18 of the accused, withdrew from the case after the July 11 blasts, saying that he was disillusioned with the minority community, which had failed to condemn the unabated terrorist attacks.

Next, after his conviction, Yakub Memon did not allow lawyer Majeed Memon’s junior Subhash Kanse to argue in his defence. “He is not my lawyer, Majeed saab is,” he told Judge PD Kode. Yakub was technically wrong.

Senior lawyer Harshad Ponda had represented the three convicted Memon brothers, including Essa and Yusuf. Majeed represented Yakub’s sister-in-law, Rubeena. However, both the senior lawyers were absent on that day.

Finally, Ponda argued for the four Memons, pleading leniency as they were not deeply involved in the conspiracy. When the judge pointed out that they had been charged and held guilty under Section 3 (2) of Tada, wherein maximum punishment is death and minimum life imprisonment, Ponda confessed that he had only appeared “intermittently”  in court.

“Somebody should have kept a continuous watch on the case,” he said in the courtroom. Majeed, who recently joined Sharad Pawar’s NCP, has not made an appearance in the Tada court since the judge began pronouncing verdict on September 12. His absence, many feel, is due to political compulsions - a charge he denies. His team comprising Abbas Kazmi, Subhash Kanse and Farhana Shah continue to hold the field in court.

Farhana, fondly called “aapa” by the accused, will also be taking up the cause of the 18 accused formerly represented by Pradhan. All 18 of them have shot off an 11-page letter to Pradhan accusing him for failing to rise above religion. Accusing him of hypocrisy, treachery and dishonesty, the letter states that if he has “even a drop of blood in his thick veins containing the grace and dignity of a human being, he will return all the fees.”

Ironically, the case file of Shoeb Ghansar, convicted on September 14 for the death of 17 persons in the Zaveri Bazaar blast, still bears Pradhan’s name.

‘I won’t refund’

Despite opposition from family and friends, criminal lawyer Nitin Pradhan decided to take up the case of the 1993 blasts accused. However, post 11/7, he withdrew from the case. He spoke to DNA defending his decision. Excerpts:

Why did you drop the case?
I took up the case as I agreed with the minority community leaders, who had approached me then, that an entire community should not be branded traitors. Some of the confessions made in confidence to me by the accused were shocking.

They were full of hatred. I wanted to placate them. However, after the July 11 blasts, my conscience did not allow me to continue. I was saddened that the same leaders had failed to condemn subsequent attacks. I felt something was wrong when none of them came forward to help the blast victims.

Your response to the demand for refund of fees?
Given the magnitude of the case, I did have some selfish reasons for taking it up. It was a good opportunity to study and practise the intricacies of criminal law. To have me as a defence counsel was their professional choice. I charged them for the services rendered. There is no question of a refund.

The accused labelled you “a combination of Shylock and Brutus” in their letter...
The letter is in bad taste. They have doubted my integrity and not addressed the core issue behind the withdrawal. Yet, I feel bad for some of them. They were sucked into the conspiracy and made to believe Islam was in danger. I know some of them will face the gallows. 

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement