Supreme Court of India · 2012-01-11
Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi
- Citation / case number
- AIR 2012 SC (CRIMINAL) 356
- Court
- Supreme Court of India
- Petitioner
- Mohd. Hussain @ Julfikar Ali
- Respondent
- The State (Govt. Of Nct) Delhi
- Author
- H. L. Dattu
- Bench
- H.L. Dattu, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court held that the conviction and death sentence of the appellant under Sections 302 and 307 IPC and Section 3 of The Explosive Substances Act, 1908 were unconstitutional due to the denial of legal representation, violating Article 21 of the Constitution. The Court emphasized that the right to a fair trial includes the right to legal counsel, especially for illiterate individuals facing severe penalties. Consequently, the Court set aside the death sentence and ordered a retrial with proper legal representation for the appellant.