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Mode of Citation- ILC-2015-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2015-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CRL-Aug-10

Mohammed Ajmal Mohammad Amir Kasab Vs. State of Maharashtra

Head Note

Constitution of India, 1950  - Article 20 , Article 21

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Right to be Represented by lawyer - Every accused unrepresented by a lawyer has to be provided a lawyer at the commencement of the trial, for entire course of the trial - Even if the accused does not ask for a lawyer or he remains silent, it is the Constitutional duty of the court to provide him with a lawyer before commencing the trial - But the failure to provide a lawyer to the accused at the pre-trial stage may not have the same consequence of vitiating the trial - Unless it is shown that failure to provide legal assistance at the pre-trial stage had resulted in some material prejudice to the accused in the course of the trial.

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Constitution of India, 1950  - Article 20 , Article 21

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Request to Consult and be defended by a legal practitioner - Right is not to be construed as sanctioning or permitting the presence of a lawyer during police interrogation - Role of a lawyer is mainly focused on Court proceedings - Accused would need a lawyer to resist remand to police or judicial custody and for granting of bail; to clearly explain to him the legal consequences of a confessional statement in terms of Section 164 Cr.P.C.; to represent him when the court examines the charge-sheet submitted by the police and decides upon the future course of proceedings and at the stage of the framing of charges; and beyond that, of course, for the trial - Right to access to a lawyer is not based on the Miranda principles, as protection against self-incrimination, for which there are more than adequate safeguards in Indian laws.

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Constitution of India, 1950  - Article 20 , Article 21

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Criminal Trial - Right to be Represented by lawyer - Only 8 days of time give to lawyer for preparation of case - Trial lawyer himself never complained about insufficient time - Held that, the argument that the defence was not allowed sufficient time for preparation of the case and that denial of sufficient time vitiated the trial cannot be accepted.

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Constitution of India, 1950  - Article 20 , The Code of Criminal Procedure, 1973  - Section 161 , Section 162 , Section 163 , Section 164

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Right against self incrimination - Legal Aid - Right to presence of attorney of accused as a measure of protection against self incrimination have no application in Indian system of law - Held that, it cannot be said that Article 22(1) merely allows an arrested person to consult a legal practitioner of his choice and the right to be defended by a legal practitioner crystalizes only at the stage of commencement of the trial in terms of Section 304 of the Cr.P.C. Miranda v. Arizona has no application to Indian Legal System.

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Indian Penal Code,1860  - Section 121 , Section 121-A , Section 122

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"Waging War" against "Government of India" - The conspiracy, in furtherance of which the attack was made, was, inter alia, to hit at India; to hit at its financial centre; to try to give rise to communal tensions and create internal strife and insurgency; to demand that India should withdraw from Kashmir; and to dictate its relations with other countries - It was in furtherance of those objectives that the attack was made, causing the loss of a large number of people and injury to an even greater number of people - Nothing could have been more "in like manner and by like means as a foreign enemy would do".

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The Indian Evidence Act, 1872  - Section 10

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Transcripts of intercepted calls - Admissible in Evidence - Transcripts began allegedly after the appellant was in police custody - Contention that conversation between the alleged co- conspirators can not be used against the appellant - Held that, transcripts are by no means any confessional statements made under arrest and they are fully covered by the provisions of Section 10 of Evidence Act - No reason not to take them into consideration in support of the charge of conspiracy against the appellant.

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The Indian Evidence Act, 1872  - Section 25 , Section 26

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Confessional Statement - Whether voluntarily made - Well structured statement and use of words that accused is not expected to know - Discrepancies pointed out explained by prosecution - Confessional statement held to be voluntarily made.

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Topic(s)-

Important Decision(s)- 

  • Right is not to be construed as sanctioning or permitting the presence of a lawyer during police interrogation.
  • Only 8 days of time give to lawyer for preparation of case - Not allowed sufficient time for preparation.







                                                                          Full Judgement Body is not available


@2014 Indian Law

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