No lawyer, No hearing, No appeal; Court should not decide a criminal case against the accused in the absence of his counsel -SC

MD. Sukur Ali Vs State of Assam (Supreme Court of India) – In Maneka Gandhi vs. Union of India AIR 1978 SC 597, it has been held by a Constitution Bench of this Court that the procedure for depriving a person of his life or liberty should be fair, reasonable and just. We are of the opinion that it is not fair or just that a criminal case should be decided against an accused in the absence of a counsel. It is only a lawyer who is conversant with law who can properly defend an accused in a criminal case. Hence, in our opinion, if a criminal case (whether a trial or appeal/ revision) is decided against an accused in the absence of a counsel, there will be violation of Article 21 of the Constitution.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

MD. SUKUR ALI Vs STATE OF ASSAM

CRIMINAL APPEAL NO. 546 of 2011

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