Published on: 07 October 2022 at 16:58 IST
Court – Supreme Court of India
Citation – Mohd. Firoz v. State of M.P. (2022) 7 SCC 443
Hon’ble Supreme Court of India has held that fair trial is Sine Qua Non of the fundamental right as enshrined under the aegis of Article 21 of the Constitution of India.
It is held that the if Criminal Courts are of an opinion that an accused is not represented by a pleader and has no sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the State under the aegis of Article 39-A of the Constitution of India, but also in Section 304 of the Code of Criminal Procedure, 1973.
Para – 48
Coming to the next issue raised by the learned Senior Advocate Mr Marlapalle with regard to the trial having not been conducted in fair manner, it may be noted that the concept of fair trial has been enshrined not only in Articles 21 and 39-A of the Constitution of India, but also in Section 304 of the Code of Criminal Procedure. Free and fair trial is sine qua non of Article 21, and after the formative decision in Maneka Gandhi v. Union of India.
It has been made clear that the procedure in criminal trials must be right, just and fair and not arbitrary, fanciful or oppressive. Article 39-A provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
Section 304 CrPC further provides that where in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the court that the accused has no sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the State.
This Court also time and again has emphasised the right to a fair trial by the courts, in the letter and spirit of the right to life and personal liberty flowing from the various guarantees enshrined in the Constitution of India. We may hasten to add at this stage that right to fair and speedy trial applies as much to the victim as the accused.
Right to get speedy justice applies to the victim as well. Hence considering the gravity and seriousness of the crime, if the trial is expedited by the court, it could not to be said that such trial was not fair to the accused. Of course, while expediting the trial, it is imperative on the court to see that the due procedure is followed during the course of trial.
Drafted by – Abhijit Mishra
Key Words – Fair Trial, Fundamental Right, Speedy Justice.