KALAISELVI Vs. SIVASUBRAMANIAN

JUDGEMENT

(1.) Now the short and simple question is whether like a suit or appeal suit, a criminal appeal could be dismissed for default.

(2.) In this respect a civil case is different from a criminal case. In Civil Law, exparte disposal, dismissal for default is well known. But it is unknown in criminal law. Under the Criminal procedure, there is no exparte disposal, exparte conviction, exparte sentence. An accused cannot be punished without a hearing.

(3.) As per Article 22(1) of the Constitution of India, a person accused of a crime is entitled to be defended by a lawyer of his choice. It is a fundamental right. It is a constitutional right. It is a basic human right. In the absence of counsel for the accused conducting trial and punishing the accused is against law. It is not fair trial.