All posts tagged: Article 21

Top court issues guidelines on processing of mercy petitions | Latest News India

Top court issues guidelines on processing of mercy petitions | Latest News India

The Supreme Court on Monday laid down a comprehensive set of guidelines to ensure the swift and efficient processing of mercy petitions by death-row convicts, marking a significant development in the legal framework surrounding capital punishment and underlining the adverse effects of delays on both the convicts and societal confidence in justice. The Supreme Court also directed state governments to frame office orders or executive guidelines outlining the standard operating procedures for dealing with mercy petitions. (HT Photo) In its landmark judgment, a bench comprising justices Abhay S Oka, Ahsanuddin Amanullah and AG Masih emphasised that delays in executing death sentences, particularly those arising from administrative inefficiencies, violate the fundamental rights of convicts under Article 21 of the Constitution. The ruling came while the court upheld a Bombay high court decision to commute the death sentences of two convicts in the 2007 Pune BPO rape and murder case to 35 years of imprisonment. The convicts, including the driver of the office cab, brutally assaulted and murdered a young woman after abducting her. They were initially …

Denial of effective legal aid to accused violates Article 21: Supreme Court | Latest News India

Denial of effective legal aid to accused violates Article 21: Supreme Court | Latest News India

The Supreme Court on Monday held that denying effective legal aid to an accused infringes upon the fundamental right of citizens to get a fair trial under Article 21 of the Constitution, as the bench passed a slew of guidelines on what comprises effective legal aid while acquitting a man in a 2009 rape and murder case from Uttar Pradesh. Supreme Court of India. (PTI File Photo) “The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21,” a bench headed by justice Abhay S Oka said. Besides, Article 39A of the Constitution casts obligation on the state to provide free legal aid to all accused. The court acquitted the accused, Ashok, as it noted glaring loopholes during the trial. No lawyer represented him during …

Jailed accused can seek pre-arrest bail in another case: SC | Latest News India

The Supreme Court on Monday ruled that a person in custody for one offence can still apply for anticipatory bail in relation to a different offence, asserting that the right to personal liberty under Article 21 of the Constitution must be preserved unless explicitly restricted by law. The Supreme Court of India. (File photoi) The decision by a three-judge bench came as a response to legal uncertainty over whether an individual already incarcerated for one crime could seek protection from arrest in another. The judgment sets a crucial precedent for cases where individuals, already entangled in legal troubles, seek to protect their liberty against further arrests, underscoring the judiciary’s role in ensuring that procedural fairness is upheld in every instance of criminal prosecution. The bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud and comprising justices JB Pardiwala and Manoj Misra, held that there is no “express or implied restriction” in the Criminal Procedure Code (CrPC) or any other statute that prohibits courts from hearing anticipatory bail applications in such situations. In the …