CAB RANK RULE IN INDIA

Cab rank rule will be the first legal thing which I will be discussing in this blog. The term appeared to me quite amusing when I first heard of it. However it’s a very important rule for lawyers. It is as much significant to the lawyers as is Hippocratic Oath to the physicians.

As usual this rule has also come from the English Law System. However, later many more countries have also adopted this rule. The Cab-Rank Rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practice, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a Hackney carriage driver at the head of a queue of taxi cabs is supposed to take the first passenger requesting a ride [1].

The paragraph 602–606 of the Code of Conduct of the Bar of England and Wales states that:

A self-employed barrister must comply with the "Cab-rank rule" and accordingly except only as otherwise provided in paragraphs 603 604 605 and 606 he must in any field in which he professes to practice in relation to work appropriate to his experience and seniority and irrespective of whether his client is paying privately or is publicly funded:

1. Accept any brief to appear before a Court in which he professes to practice.

2. Accept any instructions

3. Act for any person on whose behalf he is instructed

4. And do so irrespective of the party on whose behalf he is instructed, the nature of the case and any belief or opinion which he may have formed as to the character, reputation, cause, conduct, guilt or innocence of that person [2].

Now the question which comes to everyone’s mind is that why Cab Rank Rule was required in the legal arena?

The answer is simple if there is no cab-rank rule, then an unpopular person will not get any legal representation in the court. Apart from that the barristers who acted for them might be criticized for doing so. So to avoid all these problems Cab Rank Rule was brought into force.

However in modern times the Law Society of England and Wales has raised a question that whether the cab-rank rule remains a necessary and proportionate rule for the Bar, as today there is increasing competition for advocacy services.

APPLICATION OF CAB RANK RULE IN INDIA

A rule is successful only when it is implemented properly in the society. If the implementation of rule is not proper then that rule is of no use. In a country like India, where implementations of rules have always been difficult, it is surprising that this rule has been implemented in a very proper manner.

It is due to this rule only that people like Ajmal Kasab, Afzal Guru, Yakub Memon got a legal assistance in court. Else they would not have got any lawyer to take up their cases. Another popular name which comes to my mind is of Ram Jethmalani who is famous for following Cab Rank Rule. He has fought cases of a host of gangsters and smugglers including the British citizen Daisy Angus who was acquitted of hashish smuggling after serving 5 years in jail. Recently he was in the news for taking up the defense of Manu Sharma, prime accused in the Jessica Lall murder case, however, he failed to get Manu Sharma acquitted. He has also fought cases of the killers of Rajiv and Indira Gandhi and many more such unpopular people.

Ram Jethmalani is of the opinion that he is someone who thinks independently, who has not mortgaged his soul or intelligence to anybody. He says "I decide according to my conscience who to defend. A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct."

Apart from Ram Jethmalani, there are many more lawyers in India who follow this rule. Naming all will be quite difficult as India has too many lawyers. To conclude I would state that there is at least one rule in India which is followed in a more proper manner than any other country.