SC: If accused can’t afford lawyer, courts must offer legal aid before trial starts

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To ensure the representation of the accused in criminal cases who cannot afford a lawyer, the Supreme Court directed courts on Thursday to make an offer of legal aid counsel to such persons and record their response before the trial commences.A Bench of Justices Sanjay Kumar and K Vinod Chandran asked the trial courts to follow its order scrupulously, after taking note of the long incarceration of one Reginamary Chellamani in a case lodged under the NDPS Act.The Bench, while granting bail to Chellamani, noted that she did not cross-examine the witnesses at the initial stage and it was only after she engaged her own counsel and her application for re-examining the witnesses was allowed that she was permitted to do so.“The amount of contraband substance allegedly seized from the person of the appellant is stated to be above the commercial quantity prescribed in that regard. We, however, find that the appellant, Reginamary Chellamani, has been in custody for four years one month and 28 days as on date,” the Bench said.Directing for an expeditious trial, the Bench said Chellamani shall surrender her passport before the trial court, cooperate during the trial and not seek unnecessary adjournments. The SC directed that it was incumbent upon the trial courts dealing with criminal proceedings, faced with such situations, to inform the accused of their right to legal representation and entitlement to be represented by legal aid counsel if they cannot afford a lawyer. It further directed that this order shall be communicated to the chief justices of all HCs.

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