Junaid Khan Lynching: Trial judge accuses Haryana AAG Naveen Kaushik of helping accused

In an interesting turn of events in the Junaid Khan lynching case, YS Rathore of the Additional Sessions Court at Faridabad has leveled allegations of professional misconduct against Additional Advocate General of Haryana Naveen Kaushik..In an interim order passed on October 25, the judge accused Kaushik of assisting the defense counsel representing Naresh Kumar, one among those accused in the violence which eventually resulted in the death of 16-year-old Junaid Khan last June..The judge has pulled up Kaushik for allegedly suggesting questions to be put to the prosecution witnesses at the time of cross examination. Such behavior, the judge observed,.“…amounts to professional misconduct and is against legal ethics and highly unbecoming of an Advocate, particularly because he is a Law Officer in the office of Advocate General, Haryana.”.Going by the order, on being confronted for his alleged misconduct, Kaushik left the court room..The judge has noted that the case is a sensitive one with communal overtones. As such, if the AAG appears along with the defense counsel,.“… it will send a wrong signal and will also create a feeling of insecurity amongst the victim party and will adversely effect the aim of the court to conduct free and fair trial.”.Hence, the judge has directed that the issue be brought to the notice of the Punjab and Haryana High Court so that appropriate action may be taken in the matter..Advocate General of Haryana Baldev Raj Mahajan has said that action would be taken if it is found that Kaushik had made an appearance as alleged, reports the Indian Express..Kaushik has reportedly denied the accusation. He has stated that he was only present as part of the Bharatiya Bhasha Abhiyan, a campaign aimed at getting courts to function in Indian languages. Calling it a wrong impression, he has said that he was merely assisting in providing certain legal provisions in Hindi on the request of the defense counsel..The same order also notes that an application for recording the evidence of the witnesses in Hindi has been moved by Advocate Vishal Jolly, in response to which the court stated,.“…evidence is being recorded in Hindi and separately being typed in English on the computer and same practice is adopted in all Sessions trials.”..Meanwhile, a plea moved by Jalaluddin Khan, father of the victim Junaid, to transfer the case to an independent agency such as the CBI alleging that the current process had introduced distortion of facts, discrepancies and contradictions. The same is due to be heard on November 1..Read Interim Order below..Image taken from Facebook..Click here to download the Bar & Bench Android App