KARIO ALIAS MANSIGH MALU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge Rajkot Mr. V. R. Bhatia under sec. 438 of the Criminal Procedure Code recommending that the order passed by the learned President Childrens Court Rajkot on Ex. 2 in a Criminal case No. 217 of 1968 rejecting the application filed by the accused to allow them to be defended by an Advocate be set aside as sec. 22 of the Saurashtra Children Act 1954 (Act No. XXI of 1954) which will be hereinafter referred to as the Act violates the provisions of Article 22(1) of the Constitution of India.

(2.) The facts leading rise to this reference are briefly stated as under :-

(3.) V. R. Shah J. a single Judge of this Court referred this matter to a Division Bench. He had also ordered issue of a notice to the Advocate General. Notice was accordingly issued. No appearance is filed by the Advocate General. Mr. A. H. Thakar Assistant Government Pleader appeared on behalf of the State. The Advocates Mr. M T. Acharya and Mr. K. B. Acharya who had filed their appearance on behalf of the accused are absent.