Supreme Court of India · 2013-08-23
Sunder & Ors vs State Of U.P
- Court
- Supreme Court of India
- Petitioner
- Sunder & Ors
- Respondent
- State Of U.P
- Bench
- Sudhansu Jyoti Mukhopadhaya, H.L. Dattu
Judgment text excerpt
The Supreme Court held that the High Court's failure to appoint a new amicus curiae when the initially appointed one was absent constituted a violation of the accused-appellants' right to legal representation. The Court emphasized that the High Court should have either adjourned the matter or appointed a new amicus curiae, leading to the conclusion that the orders of the High Court were vitiated. Consequently, the Supreme Court allowed the appeal, set aside the High Court's orders, and remanded the case for fresh disposal in accordance with law.