Expressing anguish over failure of the defence counsel to appear in the December 16 gangrape case, Delhi High Court today said "they are running away from court" and warned it would appoint amicus curiae in their place if they do not appear on Monday for arguments.
"It appears that deliberate attempts were made to stall the hearing of the appeal," the court said and also issued production warrant against all the accused asking the jail authority to produce them in the court on Monday, the next date of hearing.
The court is hearing the final arguments on a day-to-day basis on the trial court's reference to it for confirmation of death sentence awarded to four convicts- Mukesh, Pawan Kumar Gupta, Vinay and Akshay.
"It's a very unfortunate situation. We are extremely pained. That is all we can say. You are not discharging your duties. Questions are arising in our mind now that what is the purpose. Defence lawyers are running away from the court. That will not serve the purpose," a bench of justices Reva Khetrapal and Pratibha Rani said.
The bench took strong objection to the conduct of Mukesh's counsel ML Sharma who left Delhi without informing the court.
Granting "last opportunity" to all defence counsel- Sharma and advocate Sadashiv Gupta, who recently filed a wakalatnama for accused Pawan, and advocate AP Singh for accused Vinay and Akshay, the court said "in case they will not appear in the court for arguments on next date of hearing, then, the court will appoint amicus curiae for the accused."
The court noted that the lawyers were present in the court till November 7 and did not appear despite an order asking them to start their arguments today after the prosecution concluded its arguments.
After the Special Public Prosecutor Dayan Krishnan completed his arguments by noon, the bench waited for the defence lawyers but no one turned up.
