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april 1983

Supreme Court of India · 1983-04-26

RANJAN DWIVEDI vs UNION OF INDIA

Citation / case number
SC 1981/63813
Court
Supreme Court of India
Petitioner
RANJAN DWIVEDI
Respondent
UNION OF INDIA
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that an accused facing a criminal trial does not have the right to engage counsel of choice at State expense, as per Article 22(1) and Article 39-A of the Constitution of India. The Court clarified that the remedy for the accused is to apply for free legal aid under Section 304(1) of the Cr.P.C., 1973. The Court dismissed the petition for a writ of Mandamus, stating that the enforcement of the Directive Principle under Article 39-A requires legislative action or schemes for free legal aid, and emphasized that the right to legal representation does not guarantee financial assistance for a lawyer of choice.

RANJAN DWIVEDI vs UNION OF INDIA · Niyam