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january 2012

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.

Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi · Niyam