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HIGH COURT OF DELHI
MS. JUSTICE SWARANA KANTA SHARMA, J
BACHITTAR SINGH – Appellant
Versus
STATE OF NCT OF DELHI & ORS. – Respondent
| Table of Content |
|---|
| 1. petitioner faced threats (Para 5 , 6 , 7 , 8) |
| 2. counsel's absence not petitioner's fault (Para 9 , 10 , 11) |
| 3. systemic failures in legal aid (Para 12) |
| 4. legal aid must ensure representation (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. complaint restored (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
SWARANA KANTA SHARMA, J.
CRL. M.A. 1230/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CRL. M.C. 240/2025
3. By way of this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‘BNSS’] the petitioner seeks setting aside of order dated 05.10.2024 [hereafter "impugned order"] passed by the learned Additional Sessions Judge, South East District, Saket Courts, New Delhi [hereafter "Sessions Court"] in Crl. Rev. No. 496/2024 titled Bachhitar Singh v. State and Ors. By way of the impugned order, the learned Sessions Court was pleased to dismiss the revision petition filed by the petitioner, and uphold the order passed by the learned Metropolitan Magistrate-12, South East, Saket, Delhi [hereafter "Magistrate"] wherein th
The legal aid system must ensure effective representation for vulnerable individuals, and lapses by legal counsel should not penalize the complainant.
(1) Delay in disposal of appeal cannot be attributed only to Judiciary. There are certain factors which are beyond control to judiciary for which delayed disposal has occasioned.(2) Right of accused ....
Application which contain some assertion should be verified by person making statements for holding such person responsible regarding its genuineness – However, there is no provision which makes such....
The main legal point established in the judgment is the duty of the courts to exercise their jurisdiction, the consequences of fraud in legal proceedings, and the need for substantial justice.
The main legal point established in the judgment is the right to free legal services as an essential ingredient of a fair procedure for a person accused of an offence, as emphasized by Article 39-A a....
sessions court after providing opportunity of hearing to both the parties will dispose of the same with a reasoned order in accordance with the provisions of law.
The right to legal aid is essential for ensuring timely access to bail for marginalized prisoners, emphasizing the constitutional obligation to uphold personal liberty.
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