Speedy disposal of a case should not be at the cost of justice, the Supreme Court had said in a judgment setting aside the death penalty of a man in a rape and murder case.
The court found the man was convicted after a 12-day trial and without proper legal representation. In fact, a legal aid lawyer appointed for him was given no time to even prepare his defence.
Expeditious trials should not bury the cause of justice, said the three-judge Bench led by Justice U.U. Lalit.
“Expeditious disposal is undoubtedly required. However, the attempts to expedite the process should not be at the expense of the basic elements of fairness and the opportunity to the accused, on which postulates the entire criminal administration of justice is founded,” the judgment said.
The Bench, also comprising Justices Indu Malhotra and Krishna Murari, said “what is paramount is the cause of justice and keeping the basic ingredients which secure that as a core idea and ideal, the process may be expedited, but fast tracking of process must never ever result in burying the cause of justice.”
The case dates back to 2013 in Madhya Pradesh. The accused, Anokhilal, was charged with rape and murder of a minor. Thirteen witnesses were examined in seven days. After five more hearings, the judgment was passed in March 2013. The conviction was upheld by the High Court.
Legal aid lawyers
The apex court also laid down guidelines for appointing legal aid lawyers or amicus curiae in cases involving life imprisonment or death penalty. The court said lawyers with at least 10 years’ experience should be appointed. Priority should be given to senior advocates. They should be given a minimum of seven days to prepare the case. They should be allowed to have meetings and discussions with the accused about the defence.
