Supreme Court · 2011 INSC 158 · Decided 24 February 2011
MD. Sukur Ali v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2011 INSC 158 · [2011] 3 S.C.R. 209
- Case number
- CRIMINAL APPEAL No. 546/2011
- Decided
- 24 February 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 21
Headnote
Administration of criminal justice: Right to be defended A B by counsel - Held: A criminal case should not be decided against the accused in the absence of a counsel - It is only C a counsel who is conversant with law who can properly defend an accused in a criminal case - Adjudication of a an accused in the absence of a counsel would be violative of Article 21 of the Constitution - In the absence of a counsel, for whatever D reasons, the case should not be decided forthwith against the accused but in such a situation, the court should appoint a counsel who is practicing on the
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