Accused entitled to free legal aid in all courts: SC
PRESS TRUST OF INDIA
New Delhi, Aug 10: An accused is entitled to free legal aid not only during his trial in a lower court but also during adjudication of his appeals by higher courts, the Supreme Court has said.
A bench of justices A K Patnaik and Madan B Lokur gave the ruling while setting aside a Madhya Pradesh High Court verdict which had upheld the conviction and ten-year jail term given to a man in rape case without any lawyer appearing for him during adjudication of his appeal.
The bench, however, asked the high court to decide the man's appeal afresh.
"It is important to note in this context that Sections 12 and 13 of the Legal Services Authorities Act do not make any distinction between the trial stage and the appellate stage for providing legal services. In other words, an eligible person is entitled to legal services at any stage of the proceedings which he or she is prosecuting or defending," the bench said.
"In fact, the Supreme Court Legal Services Committee provides legal assistance to eligible persons in this (apex) court (as well). This makes it abundantly clear that legal services shall be provided to an eligible person at all stages of the proceedings, trial as well as appellate," the bench said.
Justifying its decision to set aside the high court's order, the bench said the obligation is cast on the court to enquire of the accused or convict whether he or she requires legal representation at state expense.
Lastupdate on : Fri, 10 Aug 2012 21:30:00 Makkah time
Lastupdate on : Fri, 10 Aug 2012 18:30:00 GMT
Lastupdate on : Sat, 11 Aug 2012 00:00:00 IST
- MORE FROM NATIONAL
- Feasting all night long - at Jama Masjid of course
- Lok Sabha TV to become self reliant
- Mobile towers affecting wildlife: Env ministry
- Proposal to relocate Parliament House shelved
- I & B Ministry's directive to TV channels on kids
- 'No deletion of voters on religious, linguistic basis'
- Accused entitled to free legal aid in all courts: SC
Yasin Malik Addresses Public Gathering At Tral, Gets Warm Reception Srinagar, Aug 10: The chairman of Jammu Kashmir Liberation Front Muhammad Yasin Malik Friday said that “the enemies of freedom More
- Srinagar City
Admin caught napping in chaos on Shaher-e-Khaas roads
GK CITY CORRESPONDENT
Srinagar, Aug 10: State government’s alleged callousness towards Shaher-e-Khaas yet again came to fore this afternoon when thousands made it to Jamia Masjid Nowhatta for congregational Friday prayers but More
SHOPIAN FACING 100% PAUCITY
Jammu, Aug 10: Jammu and Kashmir is experiencing around 22 percent deficiency in rainfall in the current monsoon season, the first indication of a drought like situation in the state. While the monsoon More
- South Asia
NISAR AHMED THOKAR
Islamabad, Aug 10: The former prime minister of PaK and the president of Muslim Conference Sardar Attique Ahmed Khan has urged the member countries of the Non-Aligned Movement (NAM) to come forward in More
Syria,Myanmar,Palestine Under Spotlight
Jeddah, Aug 10: The tragic situation in Syria, and the crisis in Myanmar caused by the persecution of the Muslim Rohingya people of the Arakan region will figure prominently in the extraordinary Islamic More
- Education and Career
Srinagar, Aug 10 : Kashmir University’s Department of Geography and Regional Development is launching a job oriented and multidisciplinary course titled ‘Post Graduate Diploma in Disaster Management’ ( More