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{{short description|Indian lawyer}} |
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{{Use dmy dates|date=July 2019}} |
{{Use dmy dates|date=July 2019}} |
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'''Manohar Lal Sharma''' is an [[India]]n lawyer. He is known for filing a series of Public Interest Litigation petitions before several courts in India. |
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'''Manohar Lal Sharma''' is an Indian Supreme Court advocate, popular among Indian lawyers and known for filing several [[public interest litigation]]s in India.<ref name=IndiaToday/> |
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His PILs generally lack substance and often filed to garner media limelight. The [https://m.economictimes.com/news/politics-and-nation/sc-dismisses-pil-against-arun-jaitley-imposes-rs-50000-fine-on-petitioner/videoshow/66984418.cms Supreme Court slapped a fine of Rs. 50,000/-] on him for filing a frivolous PIL. |
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==Career== |
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Sharma was the first person to file a petition before the Supreme Court In the [[Indian coal allocation scam]]. He also defended the accused in the [[2012 Delhi gang rape case]]. In 2007, as an independent advocate, he filed a public interest litigation petition in the Supreme Court in the case of [[Sant Muktabai Sahakari Sakhar Karkhana]]. |
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Starting with a public interest litigation in 1991 against provisions of the [[Places of Worship Act, 1991]], Sharma has litigated a number of issues in Indian courts that have attracted media attention.<ref name="IndiaToday">{{cite news |last=Sharma |first=Nalini |date=23 July 2021 |title=A peek into ML Sharma's world of publicity interest litigation |work=India Today |url=https://www.indiatoday.in/law/story/peek-manohar-lal-sharma-world-public-interest-litigation-1831753-2021-07-23}}</ref> |
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He had filed the first petition before the Supreme Court about the [[Indian coal allocation scam]].<ref>{{cite web|url=https://www.livelaw.in/top-stories/supreme-court-coal-block-allocation-scam-cases-investigation-stages-198973|title=Coal Block Allocation Scam: Supreme Court Seeks Centre's Affidavit On Stages Of Investigation In Different Cases |last=Ojha|first=Srishti|date=12 May 2022|work=LiveLaw.in}}</ref> He was also the first to challenge the government's decision to abrogate Article 370 of Indian Constitution.<ref name=IndiaToday/> |
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In November 2013, during the Supreme Court judge-intern sexual harassment scandal, he filed petition against the victim, a leading newspaper which followed up the story, the attorney general and an online blog accusing them of "criminal conspiracy" and asking for contempt proceedings against them.<ref>{{cite web|url=http://www.legallyindia.com/201311184118/Bar-Bench-Litigation/wired-intern-judge-summary|accessdate=17 February 2015|title=The #InternJudge story so far and latest: Outlook nearly names|date=18 November 2013|author=Kian Ganz|publisher=Legally India}}</ref> One of his arguments in the case was that the [[petitioner]] learned from ancient books that a lady rarely speaks truth for solely truth's sake and hence her words should not be trusted.<ref>{{cite web|url=http://www.legallyindia.com/201311164117/Bar-Bench-Litigation/ml-sharma-sex-harassment-writ-contempt|accessdate=17 February 2015|title=‘Lady never speak truth’: ML Sharma contempt writ vs intern, TOI, LI, AG in SC harassment case|date=16 November 2013|author=Kian Ganz|publisher=Legally India}}</ref> |
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In 2007, as an independent advocate, he filed a public interest litigation petition in the Supreme Court in the case of [[Sant Muktabai Sahakari Sakhar Karkhana]].<ref>{{cite web|url=https://specials.rediff.com/news/2007/jul/02prezpoll2.htm|title=SC to hear PIL on Pratibha tomorrow|work=PTI|date=2 July 2007}}</ref> He also defended the accused in the [[2012 Delhi gang rape case]].<ref>{{Cite web |title=Story of a 'serial petitioner': M.L. Sharma's many pleas and controversies |url=https://www.theweek.in/news/india/2021/07/22/story-of-a-serial-petitioner-ml-sharmas-many-pleas-and-controversies.html |access-date=2022-11-26 |website=The Week |language=en}}</ref><ref name=IndiaToday/> The Delhi gang rape case shot him into the international media limelight<ref name=IndiaToday/> He was, at the time, the only lawyer prepared to defend the rape accused in the face of a boycott call by various advocate associations.<ref>{{cite news | url=https://economictimes.indiatimes.com/news/politics-and-nation/gang-rape-case-counsel-faces-lawyers-protest-to-defend-accused/articleshow/17923845.cms?from=mdr | title=Gang-rape case: Counsel faces lawyers' protest to defend accused | newspaper=The Economic Times | date=7 January 2013 }}</ref> |
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Sharma has also challenged the validity of laws appointing the [[National Judicial Appointments Commission]]. However taking cognisance of certain "irresponsible and scandalous allegations levelled by him" against India parliamentarians, Court issued show cause notice to him asking “why he should not be debarred from filing and/or canvassing any Public Interest Litigation".<ref>{{Cite web|url = http://onelawstreet.com/2015/05/supreme-court-issues-notice-to-ml-sharma-asking-why-he-should-not-be-disbarred-from-filing-pils/|title = Supreme Court issues notice to ML Sharma asking why he should not be disbarred from filing PILs.He is one of the handy and gaddar of India.He shall be hanged on the road till eternity.|date = 2 May 2015|accessdate = 20 May 2015|website = 1, Law Street|publisher = |last = |first = }}</ref> |
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== |
== Legal tactics == |
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* As defence lawyer for one of the defendants in the 2012 Delhi gang rape case he raised controversy by accusing the victims.<ref>{{cite news|url=http://www.thenational.ae/news/world/south-asia/devils-advocate-in-india-gang-rape-draws-scorn-from-public|title=Devil's advocate in India gang rape draws scorn from public|date=14 January 2013|accessdate=17 February 2015|newspaper=The National World|author=Suryatapa Bhattacharya}}</ref> He faced a public outrage over his controversial statements against women in a [[BBC]] documentary titled ''India's Daughter''. In the documentary. Alleging that his comments were inhumane, scandalous, unjustifiable and a direct affront to and in violation of the dignity of women, especially those practising in the Supreme Court, Supreme Court Women Lawyers Association filed a petition before the Supreme Court seeking restriction on the entry of ML Sharma in apex court premises.<ref>{{Cite web|url = http://onelawstreet.com/2015/03/supreme-court-women-lawyers-association-v-manohar-lal-sharma/|title = Supreme Court Women Lawyers Association v. Manohar Lal Sharma|date = 18 March 2015|accessdate = 20 May 2015|website = 1, Law Street|publisher = |last = |first = }}</ref> |
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=== Blaming the Nirbhaya Case victims for using public transport and lack of character === |
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* In May 2015, Supreme Court of India had issued a notice asking why he should not be debarred from filing and/or canvassing any Public Interest Litigation on account of the "irresponsible and scandalous allegations levelled by him” against the [[Member of parliament#India|members]] of [[Indian Parliament]] in one of his petitions.<ref>{{Cite news|url = http://onelawstreet.com/2015/05/supreme-court-issues-notice-to-ml-sharma-asking-why-he-should-not-be-disbarred-from-filing-pils/|title = Supreme Court issues notice to ML Sharma asking why he should not be disbarred from filing PILs|last = |first = |date = 2 May 2015|work = 1, Law Street|access-date = 18 July 2015|via = }}</ref> He later apologised and was allowed to file PILs with certain checks.<ref>{{Cite news|url = http://onelawstreet.com/2015/07/supreme-court-accepts-ml-sharmas-apology-allows-to-file-pils-with-checks/|title = Supreme Court accepts ML Sharma’s apology; allows to file PILs with checks|last = |first = |date = 18 July 2015|work = 1, Law Street|access-date = 18 July 2015|via = }}</ref> |
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In defence of the accused in the [[2012 Delhi gang rape and murder]] case, Sharma blamed the victim for using public transportation. He said, "Until today I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect."<ref name="IndiaToday" /><ref>{{Cite web |date=2020-03-20 |title=Nirbhaya Convicts Lawyer AP Singh Does An ML Sharma, Now Questions Victim's Character |url=https://www.indiatimes.com/news/india/nirbhaya-convicts-lawyer-ap-singh-does-an-ml-sharma-now-questions-victims-character-508853.html |access-date=2022-11-26 |website=IndiaTimes |language=en-IN}}</ref> Sharma claimed the gang rape was "planned by her boyfriend to gain political mileage."<ref>{{Cite web |date=2016-08-10 |title='Nirbhaya Gang Rape was planned by her boyfriend to gain political mileage', says defence lawyer ML Sharma |url=https://www.india.com/news/india/2012-nirbhaya-gang-rape-planned-by-her-boyfriend-to-gain-political-mileage-ml-sharma-1397497/ |access-date=2022-11-26 |website=India.com |language=en}}</ref> |
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* Supreme Court dismissed the [[Public Interest Litigation]] filed by him regarding to the General Elections conducted in 2019.<ref>{{cite news | url = https://twitter.com/ANI/status/1147024259455356928}}</ref> |
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=== Contempt notice over false averments === |
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On 18 November 2022, [[Supreme Court of India]] issued contempt notice to Sharma for allegedly attributing motives to [[Madhya Pradesh High Court]] Chief Justice [[Ravi Malimath]] in their petition challenging the High Court verdict.<ref>{{Cite web |last=Service |first=Tribune News |title=Contempt notices to 2 lawyers over false averments |url=https://www.tribuneindia.com/news/nation/contempt-notices-to-2-lawyers-over-false-averments-452308 |access-date=2022-11-26 |website=Tribuneindia News Service |language=en}}</ref><ref>{{Cite web |last=Jiji |first=Sara Susan |title=Bar Council of Kerala issues suo motu show cause notice to advocate BA Aloor for professional misconduct |url=https://www.barandbench.com/news/bar-council-of-kerala-issues-show-cause-notice-advocate-ba-aloor-for-professional-misconduct |access-date=2022-11-26 |website=Bar and Bench - Indian Legal news |date=25 November 2022 |language=en}}</ref> |
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==References== |
==References== |
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Latest revision as of 14:42, 9 October 2024
Manohar Lal Sharma is an Indian Supreme Court advocate, popular among Indian lawyers and known for filing several public interest litigations in India.[1]
Career
[edit]Starting with a public interest litigation in 1991 against provisions of the Places of Worship Act, 1991, Sharma has litigated a number of issues in Indian courts that have attracted media attention.[1]
He had filed the first petition before the Supreme Court about the Indian coal allocation scam.[2] He was also the first to challenge the government's decision to abrogate Article 370 of Indian Constitution.[1]
In 2007, as an independent advocate, he filed a public interest litigation petition in the Supreme Court in the case of Sant Muktabai Sahakari Sakhar Karkhana.[3] He also defended the accused in the 2012 Delhi gang rape case.[4][1] The Delhi gang rape case shot him into the international media limelight[1] He was, at the time, the only lawyer prepared to defend the rape accused in the face of a boycott call by various advocate associations.[5]
Legal tactics
[edit]Blaming the Nirbhaya Case victims for using public transport and lack of character
[edit]In defence of the accused in the 2012 Delhi gang rape and murder case, Sharma blamed the victim for using public transportation. He said, "Until today I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect."[1][6] Sharma claimed the gang rape was "planned by her boyfriend to gain political mileage."[7]
Contempt notice over false averments
[edit]On 18 November 2022, Supreme Court of India issued contempt notice to Sharma for allegedly attributing motives to Madhya Pradesh High Court Chief Justice Ravi Malimath in their petition challenging the High Court verdict.[8][9]
References
[edit]- ^ a b c d e f Sharma, Nalini (23 July 2021). "A peek into ML Sharma's world of publicity interest litigation". India Today.
- ^ Ojha, Srishti (12 May 2022). "Coal Block Allocation Scam: Supreme Court Seeks Centre's Affidavit On Stages Of Investigation In Different Cases". LiveLaw.in.
- ^ "SC to hear PIL on Pratibha tomorrow". PTI. 2 July 2007.
- ^ "Story of a 'serial petitioner': M.L. Sharma's many pleas and controversies". The Week. Retrieved 26 November 2022.
- ^ "Gang-rape case: Counsel faces lawyers' protest to defend accused". The Economic Times. 7 January 2013.
- ^ "Nirbhaya Convicts Lawyer AP Singh Does An ML Sharma, Now Questions Victim's Character". IndiaTimes. 20 March 2020. Retrieved 26 November 2022.
- ^ "'Nirbhaya Gang Rape was planned by her boyfriend to gain political mileage', says defence lawyer ML Sharma". India.com. 10 August 2016. Retrieved 26 November 2022.
- ^ Service, Tribune News. "Contempt notices to 2 lawyers over false averments". Tribuneindia News Service. Retrieved 26 November 2022.
- ^ Jiji, Sara Susan (25 November 2022). "Bar Council of Kerala issues suo motu show cause notice to advocate BA Aloor for professional misconduct". Bar and Bench - Indian Legal news. Retrieved 26 November 2022.
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