Nirbhayas Vs Jethmalanis of the country

Just the time when the whole country is deeply concerned and disturbed about the rising sexual assaults against the women, a very eminent criminal lawyer of the country Ram Jethmalani chose to insult and humiliate the victim of the Asaram sexual assault case by describing her as a girl suffering from psychological disorder making her desire to meet men alone! Appearing for Asaram, as his defence counsel before the High Court of Rajasthan at Jodhpur, Ram Jethmalani argued that the case against Asaram is wholly fabricated and disputed the age of the girl.

The lawyer for the accused in the Gang-rape case of Delhi also went off his handle and made extremely anti-women remarks after his clients were sentenced to death. The lawyer said that he would even burn is sister alive if she went out with men in the night! It is of common knowledge that women are afraid to come forward to prosecute the rapist since the trials turn out to be another assault on their character and fair name. The manner in which the rape cases are conducted by the defence lawyers of the accused, the victims of rape cases are brutalized for the second time.

The submissions of Jethmalani in Asaram case at the stage of a bail hearing is of course both shocking and alarming. Coming from a lawyer of national repute, his allegations regarding the poor minor victim of Asaram that she was suffering from a psychological disorder that draws a woman to man (essentially accusing her of being a ‘nymphomaniac’) would hurt her character irreversibly.

The law regarding bail is well settled. At the stage of bail, the only consideration by the Court is whether the charges are serious or not, whether there is a prima facie case and whether the accused is in a position to tamper with the evidence. On all three counts, the session court has rejected Asaram’s bail application; How does the mental condition of the victim become the issue of debate to decide whether Asaram should granted bail or not? And which medical doctor or psychiatrists has given Jethmalani the certificate to brand the victim with such a mental disorder that would make her the aggressor? The Bar Council ought to take serious note of such wholly irrelevant and unethical utterances being passed off as legal submissions.

We may take notice of the fact that under the recently passed Criminal Law (Amendment) Act, 2013 that received Presidential assent on 2 April 2013, the definition of “sexual harassment” has been amended and the new Section 354A (iii) makes sexually coloured remarks punishable by imprisonment up to one year, or with fine, or with both. The submission made by Ram Jethmalani squarely falls within the definition of the amended section 354A(iii). No law gives absolute immunity to any lawyer to commit a criminal offense even during the course of conducting a court proceeding.

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CA Vijay Prakash Singh
Guest

As usual a pre conceived, pre planned & pre decided line of argument, completely devoid of facts. Only modus of Mr. Sinha & his ilk is that if facts are not suitable then fabricate it. We have seen same tendency time & again. For information, Mr. Jethmalani has denied this line of argument as attributed to be taken by him on Times Now on 17th Sept.2013 Night show. Even then this slandering by Mr. Sinha shows his bias for extraneous reasons he nurses against Mr. Jethmalani is well known to all.

Arpita Homroy
Guest

IT IS VERY EASY TO STAIN A WOMAN. ‘ MR .JETHMALANI SHAME ON YOU.’

Tee Pee
Guest

Of the three, Rajastan High Court, saint Asaram, and the greedy jetmalani, the first deserves the maximum condemnation for allowing jetmalan to speak like a ‘satan’ against the womanhood of India.!!!

Neeraj Nanda
Guest

Jethmalani’s views are just to make money. He always takes high profile cases that fill his coffers.

Jameel Ahmed
Guest

Keepingaside his degenerated greedy nature and concentrating absolutely on professional approach, if his remarks against the victim are without any supporting evidence, then MR JETHMALANI MUST BE PENALISED FIRST UNDER Criminal Law (Amendment) Act,2013 Secction 354A (iii)

Ghulam Muhammed
Guest

A new spate of rapes of Muslim women has come to light, through Daily. Bhaskar.com’s correspondents. that were able to interview the survivors, who named names of their Hindu neighbours. It is now our duty to pursue the matter and see to it that ‘communal riots’ do not give blanket cover to criminals to carry out their sexual crimes in the name of communal vendetta.

http://daily.bhaskar.com/article-ht/UP-daughters-raped-in-front-of-mothers-muzaffarnagar-riots-victims-too-afraid-to-re-4376208-NOR.html

Donnie Ashok
Guest

I have always liked what Jethmalani has to say based on the fact that he leaves the duty of judgement to the judge. Whatever a lawyer submits as a legal submission should never be construed to be his personal opinion or an yardstick to measure his character. A lawyer should do all things in his capacity to protect his client, he should never be judgemental about who he represents. This also reminds me of the Hindu king who offered his own flesh to the hungry eagle in exchange for the life of the dove who sought protection from the king.… Read more »

Rajeev Ranjan
Guest
Rajeev Ranjan

One cannot expect any thing better from a criminal lawyer. They are no better than criminals.

Dr. Ashish Dave
Guest
Dr. Ashish Dave

This is unacceptable. Mr. Jethmalani deserves to be prosecuted for that.