Rebecca Mammen John Explained

Rebecca Mammen John
Nationality:Indian
Occupation:Senior Advocate at the Supreme Court of India
Known For:Criminal defence advocate

Rebecca Mammen John is a Senior Advocate at the Supreme Court of India, and works primarily in the field of criminal defence. She has represented parties in several widely reported cases, including the families of victims of the 1987 Hashimpura massacre, Indian stockbroker Harshad Mehta, and the accused in the Aarushi murder case. She has also been appointed as a Special Public Prosecutor on occasion by the High Court of Delhi, and frequently comments in leading newspapers and the media on issues of criminal justice reform in India.[1] [2] [3] [4]

Career

Rebecca John enrolled with the Bar Council of Delhi 1988 and has been practising in the field of criminal law since then.[5] In 2013, John became the first woman to be designated a senior counsel by the High Court of Delhi on the criminal side.[6] She has represented the accused in a number of significant and widely reported cases, including representing Indian stockbroker Harshad Mehta in a number of cases concerning the 1992 securities scam early in her career.

In 2012, she represented Kobad Ghandy, an Indian Communist writer and political activist, against charges under the Unlawful Activities (Prevention) Act. He was acquitted of the charges.[7] In 2013, she represented Indian cricketer S. Sreesanth in the 2013 Indian Premier League spot-fixing and betting case in which he was ultimately discharged.[8] [9] [10] She has also represented Nupur and Rajesh Talwar, who were accused of murdering their daughter Aarushi as well as a domestic worker, Hemraj, in a widely reported case in 2008. Both were eventually acquitted by the Allahabad High Court.[11]

In 2010, John represented families of Sikh victims who died in the 1984 anti-Sikh riots, in the case against the Congress politician Jagdish Tytler for his alleged participation in the riots.[12] [13] In 2015, John represented the families of the victims of the 1987 Hashimpura massacre, in which members of the Provincial Armed Constabulary were charged with killing more than 40 Muslim men. A Delhi court convicted 16 Provincial Armed Constabulary members of the murders, awarding them life sentences.[14] [15] John also made a case for the award of compensation to the victims' families, along with advocate Vrinda Grover.[16] In an interview after the conclusion of the case, she described it as "a very very difficult journey, but the verdict, 31 years too late, was still a verdict we welcomed and [were] overjoyed about."

In 2017, John represented politicians Kanimozhi Karunanidhi, and Sanjay Chandra of the Unitech Group in the 2G spectrum case, in which they were acquitted by a special court in Delhi.[17] She has also represented and got discharged the Maran brothers in the Aircel-Maxis case[18] She has represented factory workers of a Maruti Suzuki plant; 13 workers were convicted of murdering a manager during a 2012 workers strike, while 117 co-accused were acquitted of all charges.[19] In 2016, she represented student and politician Kanhaiya Kumar and got him bail in a case of alleged sedition.[20] [21] She has also represented Kanhaiya Kumar in a case concerning a fine levied on him by the Jawaharlal Nehru University.[22] The Delhi High Court ordered the fine to be set aside.[23] John is a part of a team of lawyers representing Congress leaders in the National Herald case.[24] [25] [26]

John is also representing several of the accused in the 2020 Delhi riots, foreign nationals belonging to the Tablighi Jamaat, who were arrested during the COVID-19 pandemic in India, and persons arrested near or at the site of protests against amendments to India's citizenship laws.[27] [28] [29] John has also represented the Chief Minister of New Delhi Arvind Kejriwal in several cases[30] including obtaining his acquittal in 2020 in a defamation case filed against him.[31] In 2020, John appeared for one of the convicts in the 2012 Delhi gang rape and murder case (Nirbhaya case) pleading for the correct application of the law governing the execution of his sentence of death.[32] [33]

In addition to private criminal defence, she has on occasion been appointed as a Special Public Prosecutor and government counsel in a number of cases. In 2018, John was part of a panel of lawyers appointed by the Delhi government to represent it in certain cases before the Delhi High Court and the Supreme Court. The panel was temporarily dissolved by the Lieutenant-Governor of Delhi. John was reinstated after the Delhi Government reconstituted the panel, following a Supreme Court ruling that the Lieutenant-Governor did not have the power to interfere with actions of the elected government of Delhi.[34] In 2019, she was appointed as Special Public Prosecutor in the Ankit Saxena murder case.[35] [36] [37]

Rebecca John has also served as a statutory member of the Internal Complaints Committee of the High Court of Delhi which deals with sexual harassment complaints.[38]

Recently, she has been engaged as an expert for a forthcoming report published by TrialWatch of the Clooney Foundation for Justice.[39]

MJ Akbar v. Priya Ramani Trial

From 2018 through 2021, John represented Indian journalist Priya Ramani, the defendant in a criminal defamation case filed by former Union Minister M. J. Akbar after Ramani alleged, during the MeToo movement in India,[40] that Akbar had sexually harassed her in 1993.[41] [42] [43] CNN described the case as one of two high-profile criminal defamation cases that had recently shaken India's #MeToo movement.[44] The Court had summoned Priya Ramani on 29 January 2019, beginning a trial that would go on to last two years.[43]

John cross-examined the former Union Minister who took the stand[45] as well as the other witnesses produced by him.[46] [47] She called Priya Ramani, her friend Niloufer Venkataraman and journalist Ghazala Wahab, Editor of Force Magazine, as witnesses for the defence. Wahab had accused Akbar of sexual harassment and assault, at the time she was a young journalist working under him, in a piece written in the Wire titled 'M.J. Akbar, Minister and Former Editor, Sexually Harassed and Molested Me'.

On February 17, 2021, the court dismissed the complaint against Ramani, stating the charges had not been proven.[48] [49] Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey, of the New Delhi District Court, authored a ninety-one page judgment acquitting Priya Ramani of the offence of criminal defamation,[50] [51] [52] holding that "Woman has the right to put up the grievance at any platform of her choice even after decades. Woman cannot be punished for raising voice against sex abuse. Right to reputation cannot be protected at the cost of right to dignity."[53] [54] The judgment was widely celebrated on social media.[55] It was later reported that Akbar's counsel stated that they would appeal the verdict.[56]

John stated in an interview "In that sense, I think, when you fight powerful people and you have only truth on your side, the journey becomes relevant to you personally. So I think this is probably the most important case of my career".[57]

Commentary

John has frequently commented on the subject of criminal law reform in India. In 2013, John spoke with Reuters about what she described as "really, really shoddy" Indian police investigation of rape, as well as the lengthy prosecution process in court.[58] In 2014, she was one of several lawyers who critiqued the Criminal Law (Amendment) Act, 2013, pointing out that the proposed law could potentially allow accused persons to avoid penalties for the offence of rape.[59] In 2017, John spoke with SheThePeople.TV about improvements that could be made in the prosecution of rape charges.[60]

In 2018, John wrote for Firstpost, critiquing a Supreme Court recommendation for the framing of a new law to specifically address incidents of mob lynching in India, arguing that the focus should instead be on better prosecution and investigation rather than the creation of a new law.[61]

In 2018, John expressed support for the Me Too movement in India, encouraging victims to file criminal complaints and provide testimony in cases of sexual harassment and assault, while acknowledging the challenges, including extensive delays, in the criminal process.[62] [63] [64]

John has also stated her opposition to the death penalty,[65] and criticised inconsistencies in the application of the death penalty in India stating that there is "no uniform understanding of the requirements of rarest of rare doctrine".[66] John has critiqued the use of satisfying the 'collective conscience of society' as a ground to justify the application of thee death penalty, stating, "It is an amorphous term. It has become a catch phrase in Delhi. Nobody really understands what it means. It is part of the mindlessness of death sentencing. It is not possible to judicially determine what it means."[67] She has also criticised the practice of executing convicts without notifying their families, describing the practice as "against the humanitarian values the Indian state professes to uphold."[68]

In 2020, John was described by The Quint as "one of India’s most reputed criminal law experts"[69] and in an interview with Bar and Bench described herself as a criminal lawyer who serves the Constitution of India.[70]

Education

John studied law at the Faculty of Law, University of Delhi.[71]

Personal life

John has two brothers, both of whom live outside India.[72]

Notes and References

  1. News: Behura. Monica. Indian women making a mark in the field of law. The Economic Times. 2020-11-04.
  2. Web site: 2019-06-14. Govt 'clears' file appointing special public prosecutors in Saxena case. 2020-11-04. Hindustan Times. en.
  3. Web site: Aarushi Talwar Murder Case Verdict LIVE: Rajesh And Nupur Talwar Acquitted By Allahabad High Court. 2020-11-04. NDTV.com.
  4. Web site: 2018-11-02. Lawyer Rebecca John Recounts The 'Very Very Difficult' Journey Of The Hashimpura Massacre Trial And Finding 'Joy' After The Verdict. 2020-11-04. HuffPost India. en.
  5. News: Behura. Monica. Indian women making a mark in the field of law. The Economic Times. 2020-11-16.
  6. Web site: Garg. Abhinav. March 8, 2013. Smriti . Singh . Two women lawyers get rare honour . 2020-11-16. The Times of India. en.
  7. Web site: Ghandy: Police file same chargesheet - Indian Express. 2020-11-04. archive.indianexpress.com.
  8. Web site: Sreesanth claims innocence, says never indulged in spot-fixing - Indian Express. 2020-11-04. archive.indianexpress.com.
  9. News: PTI. 2015-07-25. Sreesanth, Chandila, Chavan discharged in IPL spot-fixing case. en-IN. The Hindu. 2020-11-04. 0971-751X.
  10. News: Praveen. M. P.. 2013-06-04. Sreesanth's counsel denounces decision to invoke MCOCA against cricketers. en-IN. The Hindu. 2020-11-04. 0971-751X.
  11. Web site: 2017-10-12. Aarushi Talwar murder case: Talwars' acquitted, friends, family and well-wishers rejoice. 2020-11-04. The Indian Express. en.
  12. Web site: 2010-03-24. 1984 riots victims question CBI report on Tytler. 2020-11-04. The Indian Express. en.
  13. Web site: Court upholds CBI closure report, gives Tytler clean chit - Indian Express. 2020-11-04. archive.indianexpress.com.
  14. Web site: 2015-01-09. Most chilling murder in free India. 2020-11-04. The Indian Express. en.
  15. News: ANI. 2018-11-27. Hashimpura massacre: Five more convicts surrender before Tis Hazari court. Business Standard India. 2020-11-04.
  16. Web site: 2015-03-23. Hashimpura 27 years later: 'No one cared for us then, why will they do so now?'. 2020-11-04. The Indian Express. en.
  17. Web site: 2017-12-21. 2G spectrum verdict: Why the case fell flat. 2020-11-04. Hindustan Times. en.
  18. Web site: February 3, 2017. Aamir. Khan. Aircel-Maxis: Court discharges Maran brothers in Aircel-Maxis case . 2020-11-16. The Times of India. en.
  19. Web site: 2017-03-11. 13 guilty of murder in 2012 Maruti factory riot that killed one, 117 acquitted. 2020-11-04. Hindustan Times. en.
  20. Web site: 2016-03-03. JNU row: Kanhaiya Kumar gets bail and a lesson on thoughts that 'infect… (like) gangrene'. 2020-11-16. The Indian Express. en.
  21. Web site: Jain. Ritika. 2016-03-03. Kanhaiya Kumar granted interim bail for six months; to walk out of Tihar Jail today. 2020-11-16. DNA India. en.
  22. Web site: 2018-07-18. Don't take coercive step against Kanhaiya Kumar till July 20: Delhi HC to JNU. 2020-11-04. The Indian Express. en.
  23. Web site: 2018-07-20. Delhi HC sets aside penalty imposed on Kanhaiya Kumar by JNU. 2020-11-04. Hindustan Times. en.
  24. Web site: Jain. Ritika. 2016-12-27. 'National Herald' case: Subramanian Swamy loses battle for documents in court. 2020-11-17. DNA India. en.
  25. Web site: Suresh. Smrithi.
    1. NationalHerald: Singhvi, Rebecca John, RS Cheema, Sibal, Swamy appear
    . 2020-11-17. Bar and Bench - Indian Legal news. en.
  26. Web site: Sen. Shreeja. 2016-12-10. Court to decide on Subramanian Swamy's plea in National Herald case on 26 Dec. 2020-11-17. mint. en.
  27. Web site: 2020-05-29. Delhi HC nod to shift 955 foreign Tablighis to other accommodations. 2020-11-04. The Indian Express. en.
  28. Web site: 2019-12-22. Citizenship Act protests: Delhi court dismisses Chandrashekhar Azad's bail plea. 2020-11-04. The Indian Express. en.
  29. Web site: 2020-06-02. Delhi HC bail for riot accused: Prison for convicts, not to send any message. 2020-11-04. The Indian Express. en.
  30. News: Defamation plea against Arvind Kejriwal: Delhi High Court calls for case records. The Economic Times. 2020-11-16.
  31. Web site: Tripathi. Karan. 2020-10-28. Delhi CM Arvind Kejriwal Acquitted In Criminal Defamation Case Filed by BJP MP Ramesh Bidhuri. 2020-11-16. www.livelaw.in. en.
  32. Web site: February 2, 2020. Aneesha. Mathur. Nirbhaya Case: Have right to be treated fairly even as death row convict, Mukesh tells court. 2020-11-16. India Today. en.
  33. Web site: Nirbhaya case convicts claim in HC they cannot be executed separately. 2020-11-16. www.outlookindia.com/.
  34. Web site: 2018-07-13. Delhi govt reinstates lawyers' panel scrapped by L-G. 2020-11-04. The Indian Express. en.
  35. Web site: Ankit Saxena murder trial: Delhi government appoints counsels Rebecca John and Vishal Gosain. 2020-11-16. Scroll.in. en-US.
  36. Web site: 2019-06-14. Govt 'clears' file appointing special public prosecutors in Saxena case. 2020-11-16. Hindustan Times. en.
  37. Web site: 2019-06-29. Delhi govt appoints advocates as 2 special public prosecutors for trial in Ankit Saxena murder case. 2020-11-16. DNA India. en.
  38. Web site: 2019-05-13. Judiciary Has Not Exactly Covered Itself in Glory When it Comes to Complaints by Women: Rebecca John. 2021-12-09. NewsClick. en.
  39. Web site: Harsh Sentences for Peaceful Protesters in Hong Kong Raise Serious Concerns. 2021-12-09. Clooney Foundation For Justice. en.
  40. News: Dutt. Barkha. Opinion An actor, a journalist, a government minister: Who is next to fall in India's #MeToo wave?. en-US. Washington Post. 2020-11-16. 0190-8286.
  41. Web site: 2020-09-09. MJ Akbar's 'stellar' reputation key to his defamation case, I said it's false: Ramani. 2020-11-04. The Indian Express. en.
  42. News: Saran. Mekhala. February 10, 2021. Akbar-Ramani Case: How a Journalist Was Tried for Saying #MeToo. The Quint. 10 February 2021.
  43. Web site: Priya Ramani Acquitted In Defamation Case Filed By MJ Akbar: A Timeline. 2021-02-19. NDTV.com.
  44. Web site: Kara Fox and Antoine Crouin. Men are suing women who accused them of harassment. Will it stop others from speaking out?. 2021-02-19. CNN. 5 June 2019 .
  45. Web site: 2019-07-06. MJ Akbar appears for cross-examination in defamation case against journalist Priya Ramani. 2021-02-19. Hindustan Times. en.
  46. Web site: 2019-08-03. Defamation case: Cross-examination of M J Akbar's witnesses ends. 2021-02-19. The Indian Express. en.
  47. Web site: Singh. Aditi. MJ Akbar v. Priya Ramani: Timeline of hearings from October 2018 till February 2021. 2021-02-19. Bar and Bench - Indian Legal news Supreme Court Judgments, High Court Updates, Indian Law Firm News, Law School News, Legal News in India - barandbench.com. en.
  48. News: February 17, 2021. "Ray Of Hope": Bollywood Celebrates Priya Ramani's Acquittal In Defamation Case. NDTV. Press Trust of India. 17 February 2021.
  49. News: Saran. Mekhala. Tripathi. Karan. February 17, 2021. Not So 'Stellar' After All: Court Acquits Ramani in MJ Akbar Case. The Quint. 17 February 2021.
  50. Web site: 2021-02-18. M J Akbar defamation case: Verdict builds on Vishaka ruling, gives new legal shield to women. 2021-02-19. The Indian Express. en.
  51. News: Schmall. Emily. Bhagat. Shalini Venugopal. 2021-02-17. Indian Court Clears Journalist of Defamation Claim in #MeToo Case. en-US. The New York Times. 2021-02-19. 0362-4331.
  52. News: 2021-02-17. MJ Akbar: India ex-minister loses #MeToo defamation case to Priya Ramani. en-gb. BBC News. 2021-02-19.
  53. Web site: Thapliyal. Nupur. 2021-02-17. MJ Akbar Not A Man Of 'Stellar Reputation', Delhi Court Says Based On Priya Ramani, Ghazala Wahab Testimonies. 2021-02-19. www.livelaw.in. en.
  54. News: Kothari . Jayna . Priya Ramani verdict has expanded the law on sexual harassment . 26 February 2021 . The Indian Express . February 24, 2021.
  55. Web site: 2021-02-18. 'No words, just tears and goosebumps': Netizens welcome Delhi court's verdict acquitting Priya Ramani. 2021-02-19. The Indian Express. en.
  56. Web site: 2021-02-19. Akbar's lawyers may rely on part of judgment in appeal. 2021-02-19. Hindustan Times. en.
  57. Web site: Singh. Aditi. "Probably the most important case of my career:" Senior Advocate Rebecca John on trial in MJ Akbar v. Priya Ramani. 2021-02-19. Bar and Bench - Indian Legal news Supreme Court Judgments, High Court Updates, Indian Law Firm News, Law School News, Legal News in India - barandbench.com. en.
  58. News: Bhalla . Nita . Analysis: How India's police and judiciary fail rape victims . 26 December 2020 . Reuters . Trustlaw . January 16, 2013.
  59. Web site: 2014-10-14. Amendments to protect wives come in handy for husbands. 2020-11-04. The Indian Express. en.
  60. News: Gupta . Poorvi . Senior Advocate Rebecca John on 'How to humanize rape trials?' . 26 December 2020 . SheThePeople.tv . September 2, 2017.
  61. Web site: 2018-07-17. Supreme Court order on mob lynching strong, but new law will be useless unless existing rules are enforced. 2020-11-04. Firstpost.
  62. Web site: 2018-10-15.
    1. MeToo movement: Lawyers weigh in, delay not a problem, file police complaint
    . 2020-11-04. The Indian Express. en.
  63. Web site: Singh. Bhasha. 2018-10-22. '
    1. MeToo is about speaking truth to power': Advocate Rebecca John
    . 2020-11-04. National Herald. en.
  64. Web site: Something Very Monumental Is Happening, and We Should Listen. 2020-11-04. www.vice.com. en.
  65. Web site: 2017-05-06. Nirbhaya gangrape case: Death penalty does not deter crime, say activists. 2020-11-04. The Asian Age.
  66. Web site: 2017-12-08. No uniformity on rarest of rare doctrine in awarding death penalty: Report. 2020-11-16. The Financial Express. en-US.
  67. Web site: 2020-05-13. Study explores drivers of death terms. 2020-11-04. Hindustan Times. en.
  68. Web site: 2013-02-23. India's secret executions raise concerns. 2020-11-04. Hindustan Times. en.
  69. News: Sachdev . Vakasha . 79 Year-Old Varavara Rao Gets COVID In Jail: Why Don't Courts Act? . 26 December 2020 . The Quint . Bloomberg . July 18, 2020.
  70. News: Singh . Aditi . Shunning ethical dilemmas and maintaining balance: Senior Advocates Rebecca John, Sonia Mathur share their experiences . 26 December 2020 . Bar and Bench . October 31, 2020.
  71. Web site: Campus Law Center, University of Delhi. National Webinar Trial by Media: Free Speech and Fair Trial under the Code of Criminal Procedure, 1973. Delhi University.
  72. Web site: Talwars' lawyer Rebecca John's mother murdered at home - Indian Express. 2020-11-04. archive.indianexpress.com.

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