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2012 (8) TMI 891 - SC - Indian LawsConvicted and sentenced under Sections 302/307 of Indian Penal Code - Convicted under Section 3 of The Explosive Substances Act, 1908 - Unable to engage a counsel to defend himself - Denial the right of a counsel - Held that:- In my view, every person, therefore, has a right to a fair trial by a competent court in the spirit of the right to life and personal liberty. The object and purpose of providing competent legal aid to undefended and unrepresented accused persons are to see that the accused gets free and fair, just and reasonable trial of charge in a criminal case. This Court, in the case of Zahira Habibullah Sheikh [2006 (3) TMI 729 - SUPREME COURT] has explained the concept of fair trial to an accused and it was central to the administration of justice and the cardinality of protection of human rights. In the case of Hussainara Khatoon and Others v. Home Secy., State of Bihar [1979 (4) TMI 159 - SUPREME COURT OF INDIA ] held that the court should consider the probable sentence that will follow if a conviction is obtained. The more serious the likely consequences, the greater is the probability that a lawyer should be appointed . The court should consider the individual factors peculiar to each case. These, of course would be the most difficult to anticipate. One relevant factor would be the competency of the individual defendant to present his own case." (emphasis added) ". Accordingly, I am of the opinion that the conviction and sentence of the appellant is vitiated, not on merit but on the ground that his trial was not fair and just. Appellant admittedly is a Pakistani, he has admitted this during the trial and in the statement under Section 313 of the Code of Criminal Procedure. I have found his conviction and sentence illegal and the natural consequence of that would be his release from the prison but in the facts and circumstances of the case, I direct that he be deported to his country in accordance with law and till then he shall remain in jail custody. - Decided in favour of appellant.
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