Displeased with the continued absence of the advocate representing two of the four death row convicts in the December 16 gangrape case, Delhi High Court on Tuesday said "every attempt is being made to protract the matter" and warned it will appoint an amicus curiae in his place if he fails to appear before it on Wednesday .
"There is no representation from the side of the accused Mukesh and Pawan though in our earlier order we had apprised the counsel about the matter being set for hearing on Tuesday.
"We find that every attempt is being made to protract the matter," said a bench of Justices Reva Khetrapal and Pratibha Rani.
Both Mukesh and Pawan are being represented by advocate ML Sharma.
While Sharma was today absent from court citing an engagement in Supreme Court none of his associates turned up to inform the court about the same. Earlier as well he has been warned by high court for missing a 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 the death sentences awarded to the four convicts Mukesh, Pawan Kumar Gupta, Vinay and Akshay.
"We grant last opportunity (to Sharma) to advance arguments tomorrow failing which we will be constrained to appoint amicus curiae to represent Mukesh and Pawan tomorrow itself," the bench said.
"We may note that we had issued production warrant for production of the convicted persons who were brought to court and were informed that in case their counsel defaults on appearance, we will appoint amicus. We may also note that no objection was raised by the convicted persons to this," it added.
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