New Delhi: The Delhi High Court on Monday acquitted a youth convicted by the trial court on charges of robbery without legal aid 15 years ago. The court said in its order that legal aid was not provided to the accused youth, which is his right under the Constitution of India. The single-judge bench of Justice Swarnakanta Sharma said that the right to a fair trial is a fundamental right.
He said that legal aid is also a right and the judiciary has to be more vigilant to protect the interests of the poor. The court noted that the accused named Sunil has faced trial for almost 15 years, which is already an undeclared sentence. "Considering the overall facts and circumstances of the case, the judicial wisdom of this court does not now permit the case to be remanded and the trial court to be heard afresh.
In view thereof, the accused shall be acquitted of all the charges. Apart from several inconsistencies and lapses in the prosecution case, the legal aid counsel did not assist the accused before the trial court, which vitiated the trial itself," it said. Sunil was arrested by the police in 2007 on charges of “planning a heist”, along with three others.
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Police alleged that they found five black masks as well as a country-made revolver and other items from the accused. After considering the facts of the case and the proceedings before the trial court, Justice Sharma observed that even though the trial was for a heinous offence punishable with imprisonment of up to 10 years, the case was conducted in the most casual manner. Justice Swarnakanta Sharma said in the judgment that "the judiciary has a vital role to play in ensuring the enforcement of human rights and to meet the 'grand challenge' of making justice practically accessible to the poor."
The judge noted that the accused did not have the legal assistance of a lawyer in the real sense at any stage of the trial. “The trial court itself must realise the duty imposed on it to provide effective legal assistance to an accused, who cannot defend himself. Courts are the custodians of an individual's liberty and are duty bound by the Constitution as well as their oath to ensure a fair trial for an accused which is the constitutional goal set by the Constitution of India,” he noted.
Justice Swarnakanta Sharma said that advocates in criminal courts are an absolute necessity and not a luxury. “That is why large sums of money are disbursed for setting up Legal Aid Centres and State Legal Services Authorities,” he said. Justice Sharma acquitted Sunil of all charges and ordered the Registrar General of the High Court to circulate a copy of his judgment to all the District Courts in Delhi and also send it to the Director (Academics), Delhi Judicial Academy.
