The Faizabad Bar Association has resolved that none of its members should defend the persons accused in Ram Mandir Chanda Chiri case. Any member found violating the resolution should be penalised with a heavy fine of Five Lakhs.
In the legal profession, the principle that a lawyer is bound to accept the breif even if the person he/she is defending is a notorious criminal is more than just a matter of ethics—it is a cornerstone of the justice system, often referred to as the "Cab-Rank Rule."
Just like a taxi driver at a cab rank cannot refuse the next passenger in line simply because they don't like where they are going, a barrister or advocate is bound by professional duty to accept a brief from any client who seeks their services, provided it is within their field of practice and a fair fee is offered.
In many jurisdictions, this rule is strictly codified. For example, under the Bar Council of India (BCI) Rules (Chapter II, Part VI), an advocate is bound to accept any brief in the courts or tribunals where they propose to practice, at a fee consistent with their standing at the Bar and the nature of the case.
In A.S. Mohammed Rafi v. State of Tamil Nadu (2010), the Supreme Court of India declared resolutions passed by various Bar Associations to not represent certain accused persons (such as alleged terrorists) as completely illegal, unconstitutional, and against professional ethics. The Court reiterated that every person, no matter how notorious, has a right to be defended.
The principle of Audi Alteram Partem—"hear the other side"—is also deeply embedded in the foundational concept of Ram Rajya (the idealized righteous governance or golden age associated with Lord Rama in Indian ethos).
Jai Hind