Why do lawyers defend the murderer? While it seems like a genuine question at first glance but is based on the dumb sentiment of public opinion upon the commission of any crime as they convict the whole scenario of their facts and emotions and give a judgment or want a culprit to be hanged in the first place.
However, it requires a jurisprudence of thought and a pervasive sense of the principles of natural justice on whose paramount the universally declared charter of human rights (UDHR) is driven and the role of administration of justice. Many people use this question as a tool to degrade the legal profession as a profession of unfairness. In this way, they try to portray that a lawyer represents criminals with vested interests in highly paid fees. But the simple answer to satisfy the general opinion of people is the recognition of the lawyer’s role. A lawyer’s role is to advocate for his client’s legal interests, and it is based on long evolutionist maxims of law that no one shall be condemned unheard. In other instances, it is stated that it’s better to release 1000 criminals than convict one innocent person falsely ( right to a fair trial) or as Islam says. Establish justice with weight and stay within the balance. Surah Ar- Rahman.
Representing someone in a case is a challenge, not a privilege, not immunity that someone demands. Any counsel representing the accused should be appreciated because he faithfully performs his legal duty following the principle of justice in the face of such strong public opinion. He does so by endangering his personality only to leave no room for any benefit of the doubt if the prosecution grinds hard for the conviction. And We shall never forget the fact that happened in the case of Aasia Bibi, who was allegedly convicted in a blasphemy case. The public was utterly ready to adjudicate and kill the court on the road, but it was the gallant efforts of a lawyer in her defense that he proved the malice in her case and set her free, risking his own life and his family. The same was pleaded in the Noor Mukadam case, where a nation had to go in gruesome shock, but not taking his case to defend by the entire fraternity of law was against the norms of justice. Then again, one lawyer stood up to defend himself and not let any embargo come in the way of the administration of justice and his fundamental right to access and fair trial of justice.
The legal system is designed to give everyone the right to legal representation, including the accused. This right is enshrined in article 10-A of our constitution. A lawyer must provide that representation to the best of his ability without discrimination and personal advantages. There’s always a grey area in the justice system, there is no black-and-white area while balancing the pivots of justice, and only a juristic mind can defend them and a rational mind even though public opinion balances them out of those grey areas.
We always feel at ease while condemning the lawyers by ignoring that they represent the clients and that the clients themselves are ordinary people like us. Why should we not expect the truth and fairness from them as well? Once, an Irish man said, “The lawyer’s duty is to the client, but the client’s first duty is to the truth.” Preceding reminds every client to be fair in their actions and demands.
Hence, calling a lawyer a defender of a culprit is unjustifiable. Only the misconceptions or sensationalized media portrayed injustice to this profession. The legal system is a primary structure to protect individual rights, promote justice, uphold peace and security, and eventually, sovereignty and writ of the state.
Written by
Nazim Khan
The Lex Writer
