Right to defend in Criminal Justice System

In this Article, we have discussed Right to Defend to the accused as Fundamental Right enunciated from Right to life and Personal Liberty provided under Article 21 of the Constitution of India and about Criminal Legal System or Criminal Jurisprudence.



Right to defend is the fundamental rights under constitution and  the supremacy of our criminal justice system lies on the jurisprudence that everyone will be presumed innocent unless proved guilty. But the manner in which some people r being targeted and criminalized in the name of corona patients is a matter of concern not only to our nation integration but putting a question mark on our criminal justice system as how people are being tried before media and being criminalized in the name of religion and the situation becomes so imminent that our pm has to tweet the lesson of fraternity and brotherhood.
More than that these media trial has been going on even in the absence of fir copy in the hand of public because those who r accused by media are not even provided copy of fir as per media report.

Hon'ble High Court of Delhi in the matter of Court on its own motion case and the Hon'ble Supreme Court in the Young Bar Association Case held that supply of F.I.R. to the accused is their right but the agency violating the direction of Apex court by not giving copy of FIR to accused and flowing information to media is highly improbable to the criminal justice system.  
No one is above the law and equality before law is the fundamental rule to our constitution.

For example, we provided right to defense and fair trial to Mohammed Ajmal Amir Kasab, a terrorist who has taken hundreds of lives in Mumbai Attack (26/11).


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Adv M.S. Husain

Author & Editor

Mr. M.S. Husain is a writer, social worker and practicing Advocate at Supreme Court of India, High Courts, National Green Tribunal (NGT), National Company Law Tribunal (NCLT) and Appellate Tribunal (PMLA). Specialized in Civil, Arbitration and Fiscal Laws along with sound knowledge of Criminal Law and well versed with drafting and representation in all kinds of cases. Practice experience in Civil, Arbitration, Fiscal Laws such as PMLA and FEMA, Criminal side and also having experience in dealing with various legal aspects.

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