The court then discharged Murugan from all the offences charged.
CHENNAI: Asserting that the defence of a Maoist by a lawyer in a court of law cannot be construed a crime, the Madras high court has discharged an advocate from a criminal case registered by the Q branch police under the Unlawful Activities (Prevention) Act for his alleged connection with the extremists.
The prosecution has made out a prima facie case against the petitioner.
There were no valid grounds to discharge the petitioner and the grounds stated in the discharge petition were untenable,” the police said.Refusing to concur with the submission, the judge said except the confession statement, there is no iota of materials available on record to attract the ingredients of the offences alleged against the petitioner.
“If a Maoist accused of an offence seeks the professional assistance of a lawyer it is his/her duty to defend him,” Justice M V Muralidharan said.The judge further concurred with the submission of the advocate that with an ulterior motive to prevent him from defending ‘innocent Maoists’, he had been implicated in the case and said, “As a lawyer, the petitioner is said to have contacted the accused persons and during meeting some conversations took place between them.
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