All posts tagged: fair trial

Saket Court rejects plea against Aaftab Poonawala sitting near lawyer’s desk

Saket Court rejects plea against Aaftab Poonawala sitting near lawyer’s desk

Published by Webster

A Delhi court rejected an objection to accused Aaftab Amin Poonawala sitting adjacent to his defence counsel during trial proceedings, stating that every accused is presumed innocent and entitled to a fair trial. The court said proximity to legal counsel is essential for effective communication and smooth conduct of proceedings. Disclaimer: We do not own any of the content, ideas, images, or text presented here. All rights belong to their respective owners. For more information and to view the original source, please visit the following link: Source link

Right to be heard before cognisance of charges under BNSS applicable under PMLA: SC

Right to be heard before cognisance of charges under BNSS applicable under PMLA: SC

Published by Parlour News

The right of an accused to be heard before cognisance of charges against them under Bharatiya Nagarik Suraksha Sanhita (BNSS) is also applicable under the stringent Prevention of Money Laundering Act (PMLA), the Supreme Court has held, citing fair trial enshrined under the Constitution’s Article 21. The Supreme Court noted a better right has been conferred under the BNSS. (HT PHOTO) “Chapter XVI of [the] BNSS [containing section 223] does not merely regulate the manner in which the proceedings are to be conducted…it confers a right upon the accused to be heard before taking cognisance, which forms a part of the right of an accused to a fair trial…”, said a bench of Justices MM Sundresh and N Kotiswar Singh on May 19, as it heard an appeal of an accused charged under PMLA in 2023 and arrested after BNSS came into operation a year later. A special court took cognisance of the charges against Parvinder Singh, the accused, in July 2024 without hearing him. He sought a recall of this order, claiming protection under BNSS …

Sheikh Hasina asks Bangladesh tribunal to set aside death sentence, seeks fair trial| India News

Sheikh Hasina asks Bangladesh tribunal to set aside death sentence, seeks fair trial| India News

Published by Parlour News

Former Prime Minister Sheikh Hasina has demanded in a legal communication to Bangladeshi authorities that the death sentence given to her by a tribunal last year be set aside as “legally void”, and that any further proceedings against her be conducted in compliance with international fair trial standards. Sheikh Hasina moves ICT to set aside death sentence as “legally void”, demands fair trial safeguards and compliance with international standards. (AFP) These demands by Hasina, who has lived in self-exile in India since the fall of her government in August 2024 following weeks of student-led protests, were conveyed in a letter sent by her London-based solicitors Kingsley Napley to the International Crimes Tribunal in Dhaka. The move comes more than a month after the formation of a new government in Dhaka led by Tarique Rahman of the Bangladesh Nationalist Party (BNP), and at a time when some leaders of Hasina’s Awami League, currently in self-exile in India or Europe, are eyeing the possibility of returning home as part of efforts to revive the party. The International …

Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

Published by Parlour News

Nainital, The Uttarakhand High Court has set aside the conviction and criminal proceedings against four Chinese nationals and ordered a fresh trial on the grounds that they were not provided an interpreter during the framing of charges. Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial A single bench of Justice Ashish Naithani held that a fundamental error occurred during the trial, rendering the entire proceedings invalid. The court noted that the accused did not understand Hindi or English, yet charges were framed without the assistance of an interpreter a violation of their right to a fair trial. It said that when an accused is unfamiliar with court language, it is necessary to provide an interpreter to explain the charges. The four Chinese nationals were apprehended during a border check in the Banbasa area of ​​Champawat district in 2019. Authorities alleged that they were found without passports and visas, and the documents recovered from them were forged. They were charged under sections 419 and 420 , 467 and 468 , 471 , and …

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

Published by Parlour News

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 …