“Supreme Court Sets Aside High Court Judgment for ‘Violating the Principle of Fair Representation and Justice’”

New Delhi, August 30, 2023 – In a landmark decision, the Supreme Court has set aside a High Court judgment relating to a murder case, asserting that the appellant, Niranjan Das, was not given fair legal representation.

The bench comprising Justice Abhay S. Oka and Justice Pankaj Mithal highlighted the procedural flaws in the High Court’s handling of the case. “It was a duty of the Court to give a reasonable time to the advocate appointed to go through the file and get ready to assist the Court,” observed Justice Oka.

Niranjan Das was convicted for murder under Section 302 of the Indian Penal Code by the Trial Court. His appeal was quickly dismissed by the High Court, which appointed an advocate for him on the same day as the hearing. The apex court criticized this hasty process, stating that it “violated the principle of fair representation and justice.”

Justice Oka pointed out that the advocate appointed for Das made arguments regarding ‘common intention’ to commit murder, even though the appellant was not convicted under Section 34 for common intention. “The very fact that such submission is made shows that the advocate was not ready with the matter,” noted Justice Oka.

Niranjan Das, who has been incarcerated for over eight years, has now been directed to be enlarged on bail. The case has been remanded to the High Court for fresh consideration.

The judgment concluded by emphasizing the importance of legal representation, and ensuring that the accused are given a fair chance in the judicial process. “We set aside the impugned judgment...and remand the said appeal to the High Court for fresh consideration,” the bench declared.

While the Supreme Court’s decision has been lauded for upholding the principles of justice and fair representation, it has also sparked discussions on the urgent need for reform in legal procedures to ensure that such lapses do not occur in the future.

This case will now proceed for a re-hearing in the High Court, with both parties given adequate time for preparation and representation.

Date of Decision:  August 29, 2023

NIRANJAN DAS @ NIRU DAS @ MAHANTO vs THE STATE OF WEST BENGAL