Chennai:
A Supreme Court judge has expressed concern that trials are being
conducted at several instances without the accused being represented
by a counsel.
Speaking during a two-day special training programme for district
judges and refreshed course for civil judges, Supreme Court judge
Dipak Misra said that he has come across cases recently where the
accused have been tried without being represented by a counsel.
“When the constitutional as well as statutory commands are violated,
it is the duty of the judicial academy to ingrain that into the
intellectual marrows of the judicial officers,” he said.
Misra said the right of a person charged with crime to have the
services of a lawyer is fundamental and essential to fair trial. “The
entitlement to free legal aid is not dependent on the accused making
an application to that effect, in fact, the court is obliged to inform
the accused of his right to obtain free legal aid and provide him with
the same,” he said.
He also stated that legal assistance to a poor man facing trial whose
life and personal liberty is at jeopardy is mandated not only by
constitution and code of criminal procedure but also by international
covenants and human rights declarations.
He also stated that criminal justice system has to be placed on a
proper pedestal and it can’t be left to the whims and fancies of the
parties or their counsel.
He said a trial judge can’t be a mute spectator to the trial being
controlled by parties for it is his primary duty to monitor the trial
and such monitoring has to be in consonance with the code of criminal
procedure.
Acting chief justice of Madras High court Satish K Agnihotri stressed
on the need to reduce the pendency of cases. He also informed that
work of process Re-engineering, a brain child of the e-committee of
the Supreme Court of India is underway. He said this will reduce the
number of registers maintained in the courts besides simplify forms.
He said Case Information System will be introduced which will avoid
duplicity and multiplicity of work and enhace quality of litigation
process.
Later Misra inaugurated Legal Aid Clinic for Senior citizens besides
releasing a special News Letter
A Supreme Court judge has expressed concern that trials are being
conducted at several instances without the accused being represented
by a counsel.
Speaking during a two-day special training programme for district
judges and refreshed course for civil judges, Supreme Court judge
Dipak Misra said that he has come across cases recently where the
accused have been tried without being represented by a counsel.
“When the constitutional as well as statutory commands are violated,
it is the duty of the judicial academy to ingrain that into the
intellectual marrows of the judicial officers,” he said.
Misra said the right of a person charged with crime to have the
services of a lawyer is fundamental and essential to fair trial. “The
entitlement to free legal aid is not dependent on the accused making
an application to that effect, in fact, the court is obliged to inform
the accused of his right to obtain free legal aid and provide him with
the same,” he said.
He also stated that legal assistance to a poor man facing trial whose
life and personal liberty is at jeopardy is mandated not only by
constitution and code of criminal procedure but also by international
covenants and human rights declarations.
He also stated that criminal justice system has to be placed on a
proper pedestal and it can’t be left to the whims and fancies of the
parties or their counsel.
He said a trial judge can’t be a mute spectator to the trial being
controlled by parties for it is his primary duty to monitor the trial
and such monitoring has to be in consonance with the code of criminal
procedure.
Acting chief justice of Madras High court Satish K Agnihotri stressed
on the need to reduce the pendency of cases. He also informed that
work of process Re-engineering, a brain child of the e-committee of
the Supreme Court of India is underway. He said this will reduce the
number of registers maintained in the courts besides simplify forms.
He said Case Information System will be introduced which will avoid
duplicity and multiplicity of work and enhace quality of litigation
process.
Later Misra inaugurated Legal Aid Clinic for Senior citizens besides
releasing a special News Letter
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