State Brief/ Lawyer cannot withdraw himself from a case alleging difficulty to conduct the case “by telling lies in the Court”

High Court: While dealing with a matter before the
Court where a State Brief, who was appointed for the appellant to prosecute the
Criminal Appeal filed by him against conviction and sentence under Section 302
of the Penal Code, expressed his desire to withdraw from the case as he is
facing difficulty to conduct the case “by telling lies in the Court”, a
division bench of K. T. Sankaran and Babu Mathew JJ, opined that the State
Brief cannot express his view to the Court about the falsity or otherwise of
the case of the accused.

The Court stated that it is not the duty
of the State Brief or any lawyer to tell lies before Court while defending an
accused, infact he is duty bound to present the case for and on behalf of the
accused with reference to the materials on record and bring to the notice of
the Court the facts which will go to the benefit of the accused. The Court
added that an advocate should fearlessly 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.

However, in the instant case, the Court
directed the Registry to appoint another State Brief to deal with the matter,
as the present State Brief has expressed his unwillingness to appear in the
case. The Court further directed that the name of the State Brief shall not be
mentioned in the judgment and in law journals to avoid embarrassment to the
counsel and also not to discourage him. [Chandran
v. State of Kerala, decided on 17.03.2015]
Source: Legal news India

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