BASHIRA versus STATE OF U.P.

BASHIRA versus STATE OF U.P.

Since the trial court appointed amicus curiae counsel for the appellant just before trial without allowing sufficient time to prepare the defence, there was non-compliance with the mandatory requirement of Rule 37 forming part of the procedure established by law under Article 21, vitiating the trial regardless of actual prejudice; the conviction and sentence are set aside and a retrial is ordered.

Parties
Appellant: Bashira; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
19 April 1968
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment and Confirmation of Death Sentence
Outcome
Appeal allowed. Conviction and sentence set aside; retrial ordered.
Legal Topics
Right to Fair Trial, Legal Aid, Death Penalty Trials, Procedure Established by Law, Mandatory Procedural Safeguards
Criminal Law Constitutional Law Right to Fair Trial Legal Aid Death Penalty Trials Procedure Established by Law Mandatory Procedural Safeguards

Case Brief

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Parties

Bashira

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment and Confirmation of Death Sentence

Legal Issues

  1. 1 Whether belated appointment of counsel for accused facing death sentence violates Article 21 of the Constitution
  2. 2 Whether failure to give appointed counsel sufficient time to prepare defence vitiates the trial

Ratio Decidendi

Since the trial court appointed amicus curiae counsel for the appellant just before trial without allowing sufficient time to prepare the defence, there was non-compliance with the mandatory requirement of Rule 37 forming part of the procedure established by law under Article 21, vitiating the trial regardless of actual prejudice; the conviction and sentence are set aside and a retrial is ordered.

Court Disposition

Appeal allowed. Conviction and sentence set aside; retrial ordered.

Orders

  • Conviction and sentence of appellant set aside.
  • Appellant to be retried for the charge after ensuring compliance with legal requirements, particularly regarding appointment and preparation time for counsel.