Supreme Court of India.
Supreme Court Directs Trial Courts to Inform Accused of Right to Legal Aid: The Supreme Court has directed all trial courts to mandatorily inform accused persons of their right to legal representation, including entitlement to free legal aid, and to record this process in their orders before commencing the examination of witnesses. The directive was issued in the case of Reginamary Chellamani vs. State.
Bench Orders Implementation Across High Courts
A Bench of Justices Sanjay Kumar and K Vinod Chandran emphasised that the procedure must be followed scrupulously. The Court instructed that its directions be communicated to the Chief Justices of all High Courts to ensure uniform implementation across trial courts.
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Bail Granted After Four Years in Custody
The order came while granting bail to Reginamary Chellamani, who had spent over four years in custody in a narcotics case involving alleged seizure of commercial quantity contraband. Chellamani was arrested under the NDPS Act by the Customs Department. Her bail application had been rejected by the Madras High Court in July 2025, prompting her appeal to the Supreme Court.
Highlighting Lack of Legal Assistance
The Bench noted that Chellamani had not cross-examined prosecution witnesses during the initial stage of the trial due to lack of legal representation. Only after engaging her own counsel and receiving permission to recall witnesses was she able to exercise this right. The Court observed this as a recurring problem in criminal trials where accused persons proceed without proper legal aid.
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Trial Courts Must Record Legal Aid Offer
The Supreme Court stressed the duty of trial courts to inform accused persons of their rights and record the following in their orders before starting witness examination:
- Offer of legal aid made to the accused
- Response of the accused
- Action taken thereafter
The Court warned that this safeguard must not remain on paper, and directed strict adherence to the procedure.
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Legal Representation in Court
Senior Advocate Raghenth Basant and a team of advocates represented the accused, while Additional Solicitor General SD Sanjay and other counsel appeared for the respondents.
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