Trial Court Has A Duty To Ensure Availability Of Diligent And Effective Defence Counsel For Accused: Allahabad HC [Read Judgment]

The presence of counsel on record means effective, genuine and faithful presence and not a mere farcical, sham or a virtual presence that is illusory, if not fraudulent, the court said.While ordering de novo trial in a murder case, the Allahabad High Court has observed that the trial court has a duty to ensure the availability of a diligent and effective defence counsel for the accused, even. While ordering de novo trial in a murder case, the Allahabad High Court has observed that the trial court has a duty to ensure the availability of a diligent and effective defence counsel for the accused, even when there is a counsel representing him on record, but in fact is only a sham. The Trial Judge under such a situation was duty bound to inform the appellant that he could be provided a counsel to defend him at State expense, if he did not have means to engage another counsel of his choice.” The court also said it was in the consistent cognizance of the trial judge that the accused was going undefended and whoever was the defence counsel on record had forsaken their basic duties and not that they were just performing poorly. The court also rejected the state contention justifying the trial court order, observing thus: “The feeble submission put forward on behalf of the State that the appellant stayed a mute spectator to the deliberate absence of two counsel, whose appearance was on record, cannot claim any right to appointment of counsel by the Court, who would diligently and dutifully defend him, is completely misplaced only to be swept away under the deluge consistent authority that enjoins the court, to come forward and ensure that an accused, particularly, like the appellant, who does not appear to be a very educated man or one possessed of good financial resources and provide him with effective legal assistance to defend him at the trial vigorously and dutifully.”