Right of being represented through an Advocate is part of due process clause, the Apex Court has said while setting aside the Allahabad High Court order which had dismissed a plea filed by a man in a 1987 murder case noting that his lawyer had not appeared during the hearing.
The Supreme Court, which restored the appeal & asked the HC to consider taking it for hearing at an early date, said it was open for the HC to appoint an amicus curiae to assist it when the petitioner was not represented before it through a lawyer in the matter.
It is well accepted that right of being represented through a lawyer is part of due process clause & is referable to the right guaranteed under Article 21 of the Constitution of India, a bench headed by Justice U U Lalit said.
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In case the counsel representing the cause of the accused, for one reason or the other wasn't available, it was open to the Court to appoint an amicus curiae to assist the Court but the cause, in any case, ought not to be allowed to go unrepresented, the bench, also comprising Justice Vineet Saran & Justice S Ravindra Bhat, said in its Dec 18 order.
The Supreme Court passed the order while hearing a petition filed by the convict against the April 2017 verdict of the HC which had dismissed his appeal challenging the trial Court judgement awarding him life term in a murder case.
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It noted the submission of the petitioner's lawyer that the petition was disposed of by the HC in the absence of any representation on behalf of the appellant.
The bench said the HC, while noting that the man was not represented through lawyer during the hearing, went into the matter & affirmed the view taken by the trial Court.
In the circumstances, we have no other alternative but to set aside the Judgment passed by the HC & to restore criminal appeal to the file of the high court to be disposed of afresh, the Supreme Court said.
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It noted that the man, who was on bail while his appeal was pending in the HC, has since been taken in custody.
In the circumstances, we request the HC to consider taking up criminal appeal. for hearing at an early date & in order to facilitate the exercise, we direct the registry of the HC to list the appeal before the appropriate court on Jan 11, 2021, for directions, the bench said.
It said the convict shall appear before the HC through Lawyer on Jan 11 & in case of any default, the HC may consider appointing an amicus curiae to assist it in the matter.
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During the pendency of the matter before the HC, the appellant shall continue to remain in custody, the bench said while disposing of the petition.
The man, along with another accused, was convicted by a trial Court in the murder case & they were sentenced to life term.
One of the convicts had died during pendency of his appeal before the High Court & proceedings related to him were abated.
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