Md.Sukur Ali vs State Of Assam

The Supreme Court held that in criminal cases, if the counsel for the accused does not appear, the court should not decide the case against the accused without representation. The court emphasized that the absence of counsel, whether due to negligence or other reasons, should not result in prejudice to the accused, as the right to legal representation is fundamental to ensuring justice. The court invoked Article 21 of the Constitution, which guarantees the protection of life and personal liberty, affirming that the liberty of an individual is paramount. The court directed that an amicus curiae should be appointed to defend the accused in such situations.