Law:

Section:

(a) Fundamental Rights--- ----Right to fair trial---Legal assistance (aid) to an unrepresented accused person---Purpose and object---Right to life and personal liberty---Scope---Every person had a right to a fair trial by a competent court in the spirit of the right to life and personal liberty---Object and purpose of providing competent legal aid to an undefended and unrepresented accused persons was to see that the accused got free, fair, just and reasonable trial. Zahira Habibullah Sheikh (5) v. State of Gujarat (2006) 3 SCC 374 : (AIR 2006 SC 1367 : 2006 AIR SCW 1340); M.H. Hoskot v. State of Maharashtra 1978 (3) SCC 544 : (AIR 1978 SC 1548) and Muhammad Sukur Ali v. State of Assam (2011) 4 SCC 729 : (AIR 2011 SC 1222 : 2011 AIR SCW 1352) ref. (b) Fundamental Rights--- ----Right to fair trial---Accused charged with a serious offence---Prompt disposal of the case---Scope---Prompt disposal of criminal cases was to be commended and encouraged but in reaching the result, the accused charged with a serious offence must not be stripped of his valuable right of a fair and impartial trial, as same would negate the concept of due process of law. (c) Fundamental Rights--- ----Right to fair trial---Scope---Right to a defence counsel---Scope---Right to be defended by a counsel was a principal part of the right to a fair trial. (d) Fundamental Rights--- ----Due process of law---Attempt to murder, causing explosion likely to endanger life or property---Reappraisal of evidence---Right to fair trial and due process of law---Scope---Right of an accused to a counsel---Scope---Accused, a foreign national, was alleged to have been involved in causing an explosion in a passenger bus---Accused was unable to afford and engage a defence counsel and the one provided by Trial Court only assisted the accused at belated stage of the trial---Fifty six (56) prosecution witnesses out of a total of sixty five (65) were examined without defence counsel---None of the said fifty six (56) witnesses were cross-examined by the accused due to non - presence of defence counsel---Duty of Trial Court---Necessity of counsel was so vital and imperative that the failure of the Trial Court to make an…

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