The right to legal assistance is an essential, constitutionally protected component of a fair trial; if a litigant is effectively denied this right due to local hostility or professional bias, the Court must exercise its power of transfer to ensure the integrity of the judicial process.

Order

04/11/2025

Reportable

For convenience of exposition, this judgment is divided in the following parts: -

INDEX

Prelude:

Courts are temple of justice and they should remain open for all litigants. Every litigant is constitutionally and legally entitled to a fair and impartial hearing. The litigants cannot be arbitrarily denied their right to seek justice and present their case before the Court of law.

Judiciary plays a significant role in our legal system, and it enjoys high levels of public support. The phrase “Judiciary is our last hope” is frequently used. The court is referred to as the “Temple of Justice”, with justice being the ultimate goal of the legal system.

A free and fair trial would necessarily involve the creation of a neutral atmosphere where parties can participate freely by availing themselves of effective legal assistance. Fair trials are guaranteed under Article 21 of the Constitution of India. Everyone is treated equal before the law and fair trials are an essential part of the legislation that guarantees equality. They are also guaranteed by many international treaties and laws, including Article 6 of the European Human Rights Convention. The Indian Legal System guarantees the right to a fair trial, a fundamental aspect of justice. This includes the right to legal representation. The right to a fair trial is one of the fundamental safeguards in place to ensure that individuals are protected from unlawful or arbitrary deprivation of their human rights and freedom.

In India, the Right to legal aid and counsel is recognized as fundamental right of an accused person under Article 22(1) of the Constitution of India, which provides that no person shall be denied the right to counsel and to be defended by a legal practioner of his choice. Sections 303 and 304 of the Cr.P.C. and corresponding Sections 340 and 341 of BNSS are mechanisms in the criminal justice system under this constitutional mandate. In Khatri & Ors. vs. State of Bihar & Ors. reported in 1981(2) SCC 493, the Hon’ble Apex Court has held that the accused is entitled to get free legal services not only at the stage of trial, but also when first produced before the Magistrate and also when remanded.

Further, Article 39-A was also introduced in the Constitution as part of the 42nd Constitutional Amendment, 1976, which requires that the state should pass suitable legislations for promoting and providing free legal aid. To fulfill this constitutional mandate, the Parliament has enacted the Legal Services Authorities Act, 1987. Section 12 of the Legal Services Authority Act provides legal services to the persons specified under the provision.

Hence, it is the duty of the Court to ensure that the accused, who has been put on trial in a criminal case is effectively represented by a competent defence. If he is unable to engage a counsel of his choice, it becomes the duty of the Court to provide him with appropriate and meaningful legal aid at the expense of the State.

Issue involved in this petition:

The legal issue involved in this petition is “whether the accused-petitioner can be deprived getting legal assistance of the local lawyers of his choice to face criminal trial before the court of law?, whet