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Ex parte hearing, disposal unknown to criminal law

Ex parte hearing, disposal, conviction or sentences are concepts unknown to criminal law and hence neither trial nor appeal against conviction or acquittal could be conducted in the absence of the counsel for the accused, the Madras High Court Bench here has said.
Justice P. Devadass made the observation while reversing the dismissal of a criminal appeal by a Sessions Court in Tirunelveli on December 1, 2015. The appeal, preferred by a person convicted by a Judicial Magistrate in a cheque bounce case, had been dismissed for default. “As per Article 22(1) of the Constitution, 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.

Article referred: http://www.thehindu.com/news/cities/Madurai/ex-parte-hearing-disposal-unknown-to-criminal-law-high-court/article8817406.ece

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