Скачать с ютуб "I left India the day ADM Jabalpur was delivered." в хорошем качестве

"I left India the day ADM Jabalpur was delivered."

"Once you take up a cause, you must do your best for your client. Doing the best means doing everything, which is legitimate. You secure a good result but by means, which are fair. So long as you recognise that your duties to the client co-exist with some duties, which you owe as an officer of the court to the court, and as a member of the public. Doing the best for your client does not mean forgetting everything else." Senior Advocate and former Chairman of the Bar Council of India, Ram Jethmalani was responding to a question about the importance of an advocate's personal conviction in a decision to accept or reject a brief. "Nobody should be convicted or punished without adequate convincing evidence." The role of an advocate is to point out the defects in the evidence and then leave it to the judge to decide. There is an express rule that no advocate shall refuse to defend an accused who is standing his trial on the grounds that the defence will bring him unpopularity, or citing some personal inconvenience, or that he believes him to be guilty. He said that while he agreed that there were great ethical rules, he was not convinced about how many advocates follow these rules. "The very fact that you call it a profession, you are putting yourself in a class separate from a trader or a business. A businessman can advertise, he wants to increase his business, he can create business. A lawyer cannot advertise to get a fee or earn money from it. The first duty of a lawyer is to prevent people from going to court." He recollected one of the recent lawyer jokes he had come across. "The pharmaceutical laboratories in the United States have taken a decision to stop using rats in their scientific experiments and start using lawyers instead. Their reasons were (1) lawyers are more numerous than rats, (2) it is difficult to fall in love with lawyers as occasionally we fall in love with our rats, and (3) there are some things which lawyers do that even our rats do not do." He also spoke about his departure from India during the height of the Emergency. "The Bombay Bar did stand by me. When I left India on the day that the Supreme Court pronounced that notorious judgment -- ADM Jabalpur, they let us down, the Indian Constitution, and democracy down. The day I left, we had a meeting at Palkhivala's house. I told them I was prepared to go to jail. There were 101 lawyers undergoing imprisonment in the Nashik jail alone. I was prepared to be the hundred and second lawyer. But, if I was outside India, I would be able to carry on propaganda about the fake Emergency that was declared in India. I was the Chairman of the Bar Council at that time." "No less a person than the Commissioner of Police escorted me to the plane. I was not a criminal lawyer in vain. I am the only Indian who got political asylum in the United States. I was teaching and going around the country informing the people of the manner in which the Indian democracy was betrayed." He was also a great opponent of preventive detention. "At some extreme case like war, preventive detention may be necessary." His displeasure for Nehru's legacy is not a secret. "According to me, Nehru is responsible for most of the problems that India is facing today. Unfortunately, we have become a nation of flatterers."