Bringing you the Best Analytical Legal News
In the present case, the primary stakeholders are the husband and wife, along with their children or relatives. Given this, the principles established in the Paradip Port Trust case would be more appropriate, and there is no scope for adopting a different view.
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
The Division Bench of the Court, while deliberating over the matter, identified 2 major issues- (1) Open Correctional Institutions and (2) Modalities for visitation by lawyers in jail to ensure free legal aid to the deserving prison inmates.
The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.