Justice Azman Abdullah said under the Federal Constitution, the accused had the right to engage any lawyer of their choice.
The court also fixed May 30 and 31 as the hearing dates.
The other hearing dates are July 2 to 6 and July 9 to 13.
In January, deputy public prosecutors Othman Abdullah and Norakmal Farhan Aziz had raised a preliminary objection against Gobind Singh Deo & Co representing the 17-year-olds.
They said the firm had previously represented two other boys implicated in the tahfiz fire in a drug case at the Magistrate’s Court.
Othman, in his submission before the court today, said the legal firm had access to the two other boys’ evidence.
“The two boys are the main witnesses in the murder case. We have to remind the court and lawyers when there is a conflict of interest,” he said, adding that the public prosecutor had filed an appeal against the Magistrate’s Court decision to impose a two-month jail sentence for the drug charge.
The Magistrate’s Court on Nov 28 ordered the two teenage siblings to be jailed for two months from their date of arrest, Sept 16, after they admitted to taking cannabis.
Lawyer Gobind Singh, however, argued that his firm no longer represented the two boys in their appeal cases.
“The issue of access does not arise,” he said, adding that if the two other boys were called as witnesses later, his firm would not approach them.
“There is no need for a court order on that. As counsels, we know we cannot approach witnesses.”
The two boys in the murder case claimed trial in the High Court in January to 23 charges relating to the tahfiz school fire in September last year.
The fire, which authorities claimed was caused by arson, killed 21 students and two teachers of the school located on Jalan Keramat Ujung here.
2 boys slapped with 23 counts of murder over tahfiz school fire
Boys held over tahfiz fire freed after serving 2 months on drugs charge