Disturbing reports from Ayodhya indicate that the district's legal fraternity has resolved not to represent individuals accused of misappropriating donations made to the Ram Mandir. If the allegations are true, the alleged theft of devotees' offerings is unquestionably reprehensible, and those responsible should be punished in accordance with the law. However, how can a body of lawyers effectively treat an accused person as guilty even before a court has conducted a trial?
The lawyers' association has adopted this position as a mark of protest against the alleged misappropriation of temple donations. It has reportedly also warned that any advocate who appears on behalf of the accused will face a penalty of ₹5 lakh.
In addition, the association has demanded that prominent temple trust functionaries, including Champat Rai and Anil Mishra, leave Ayodhya, failing which it has threatened to blockade the entire city. This collective boycott has reignited an important constitutional debate about every accused person's right to legal representation and a fair trial.
Indian law, including the Bharatiya Nagarik Suraksha Sanhita, recognises the right of every accused person to be represented by a lawyer. Where an accused is unable to engage or afford legal counsel, legal assistance is available through the Legal Services Authorities constituted under the Legal Services Authorities Act, 1987.
The right to legal representation does not imply innocence. Rather, it ensures that guilt or innocence is determined through a fair, impartial, and lawful judicial process. Indian courts have consistently affirmed that the legal profession exists to serve the administration of justice, not to reflect public outrage or popular sentiment. Representing an accused person is not an endorsement of the alleged crime.
Although an advocate may exercise personal discretion in accepting a brief, the legal framework of India is unequivocal: every accused person, irrespective of the nature of the allegations, is entitled to competent legal representation and a meaningful opportunity to defend themselves before a court of law.
An advocate's foremost duty is to uphold the rule of law, which rests on the fundamental principle that every person is presumed innocent until proven guilty. The presumption of innocence is a cornerstone of criminal jurisprudence and remains intact until a competent court records a conviction after a fair trial.
Indeed, even when a lawyer personally believes, or is aware, that a client may have committed an offence, professional ethics require the lawyer to provide competent, diligent, and fearless representation within the bounds of the law. A lawyer's duty is not to determine guilt, but to ensure that justice is administered through due process and that the constitutional guarantees of a fair trial are preserved for every individual.
