Section 304 of the Cr.P.C.- Legal aid to accused at State expense in certain cases. - Availing assistance of a lawyer to defend is fundamental right of an accused.

The honourable Supreme Court of India while deciding CRIMINAL APPEAL NO . 1091 OF 2006 filed by Mohd. Hussain @ Julfikar Ali has confirmed the right to fair trial as a fundamental right of an accused. The honourable Court, however, at the same time has held that, mere delay in trial cannot be a ground by itself to justify discontinuance of prosecution or dismissal of indictment. The honourable Supreme Court has further held that, the factors concerning the accused’s right to speedy trial have to be weighed vis-a-vis the impact of the crime on society and the confidence of the people in judicial system. On 30.12.1997 at about 6.20 p.m. one Blueline Bus No. DL-1P-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at Rampura Bus Stand at Rohtak Road for passengers to disembark. The moment the bus stopped, an explosion took place inside the bus. The incident resulted in death of four persons and injury to twenty-four persons. The FIR of the incident was registered and investigation into the crime commenced. On completion of investigation, the police filed a charge-sheet against four accused persons – one of them being the present appellant, a national of Pakistan – for the commission of offences under Sections 302/307/120- B of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, 1908. The appellant and the other three accused were committed to the Court of Session. The three accused other than the appellant before the honourable Supreme Court were discharged by the Additional Sessions Judge, Delhi. The appellant was charged under Sections 302/307 IPC and Section 3 and, in the alternative, under Section 4(b) of the ES Act, and was then convicted and was awarded death sentence, which was confirmed by the honourable Delhi High Court. The honourable Supreme Court of India has declared that, the necessity of a counsel in a criminal trial is so vital and imperative that the failure of the trial court to make an effective appointment of counsel amounts to denial of due process of law. Absence of fair and proper trial would be violation of fundamental principles of judicial procedure on account of breach of mandatory provisions of Section 304 Cr.P.C. The honourable Supreme Court has directed de-novo trial of the accused from the stage of prosecution evidence. VAKILSAHEB

Maharashtra Government and the MIDC directed to maintain status-quo of the lands acquired for extended Shendra MIDC from village Ladgaon.

The Honourable High Court has directed the State Government and the MIDC to maintain status -quo as on 30th July 2012 in regard of the lands at Ladgaon, Aurangabad, for extended Shendra Industrial area. This order is passed in two different writ petitions filed by two groups of petitioners. In the petition filed by Mr. Avadhoot Shinde and others, the then industrial Minister Mr. Rajendra Darda and the then Sub-divisional Officer at Aurangabad, Mr. Waman Kadam are contesting respondents in their personal capacities. The petition alleges that, mr. Kadam had initiated the acquisition move at the instance of the then Industrial Minister, though he was not authorised to initiate the acquisition proceedings as provided under the ID Act. The petition points out that, when more than 80% already developed industrial plots from Waluj, Shendra, Chikalthana and Railway station MIDC area are un-utilised, there is no rational in acquiring additional lands. The petitioners have alleged that, the acquisition is malafide and is aimed at facilitating the builder lobby to earn unreasonable profits by pretending that no land is available for further development in view of reservation of lands in bulk for industrial purpose. The petition has further placed on record, authentic admissions of the MIDC officials that, the basic infrastructure like water, power, so also industrial waste disposal system required for presently functioning 20% units from the developed industrial area is not available. The petitions have also questioned the change of user of the industrial lands for commercial and residential purpose. They have also demonstrated the arbitrary exercise of authority in violation of principles of natural justice. VAKILSAHEB