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Head Note

Constitution of India, 1950  - Article 21

Right to appear through counsel in criminal case - Not appear - Whatever reasons - Decided in absence of counsel against accused - Court should appoint an amicus curiae to defend accused - Supreme Court - even assuming that the counsel for accused does not appear - Negligence or deliberately - Court should not decide a criminal case against the accused - Absence of his counsel - an Accused in criminal case should not suffer for the fault of his counsel - Court should appoint another counsel as amicus curiae to defend the accused - Criminal case whether a trial or appeal/revision - Decided against an accused - Absence of counsel - violation of Article 21 of the Constitution.

Topic(s)-

Important Decision(s)- An accused in a criminal case should not suffer for the fault of his counsel