Supreme Court of India

Md. Sukur Ali v. State of Assam

Neutral citation
Bench Markandey Ka Tju and Gyan Sudha Misra JJ.
Decided 24 February 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that it is not fair or just that a criminal case should be decided against an accused in the absence of a counsel.

Judgment, page 5

From the headnote

Administration of criminal justice: Right to be defended by counsel - Held: criminal case should not be decided against the accused in the absence of a counsel - It is only a counsel who is conversant with law who can properly defend an accused in a criminal case - Adjudication of a criminal case (whether a tn"al or appeal/revision) against an accused in the absence of a counsel would be violative of Article 21 of the Constitution - In the absence of a counsel, for whatever reasons, the case should not be decided forthwith against the accused but in such a situation, the court should appoint…

Where later benches applied it

Of those, 1 relied on · 1 referred to

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