Right to Defense Under Fire? Advocate Borthakur Responds to Victor Das's Hearing Video

A petition seeking the release of Victor Das came under scrutiny before the Gauhati High Court, as legal pressure surrounding his detention continues to mount. 

During the hearing, Justice Sanjay Medhi reportedly expressed sharp disapproval, telling Das that he “should be ashamed” while evaluating the plea.

The remarks highlight the court’s serious view of the matter and underscore the challenges involved in securing relief under the NSA, given the stringent legal standards applied in such cases.

The viral video of the hearing sparked widespread discussion on social media. Advocate Santanu Borthakur, who represented Das, clarified his stance on social media, stressing that comments on a person’s public conduct during a hearing are inappropriate and that criticising a lawyer for representing a client is unjustified.

The advocate emphasised that pointing fingers at an accused’s character or criticising a lawyer for representing a client is entirely unjustified. 

“Every individual, regardless of public perception, has the fundamental right to approach a court. It is also the right and duty of an advocate to represent a client. If a person does not have a lawyer, the court appoints one,” Borthakur noted, citing that lawyers had been appointed to represent other high-profile accused, such as Azmal Kasabh.

He questioned, “Is Victor Das a graver offender than Kasabh?”

Borthakur further stated that every individual, irrespective of public perception, has a fundamental right to approach the court and that it is the duty of advocates to ensure these rights are upheld.

“This is not about Victor Das personally; it is about ensuring that the law is respected. If legal violations are tolerated in one case, it sets a dangerous precedent for others,” he stated.

The advocate underlined the primacy of personal liberty as one of the most important fundamental rights enshrined in the Constitution, cautioning that strict adherence to legal provisions in cases of preventive detention is essential to uphold the rule of law.

Also Read: Victor Das Granted Bail, But to Remain Detained Under NSA