Headline
The Supreme Court of India upholds the right to appeal as a fundamental right to liberty U/A 21 of the Indian Constitution.
Summary
The Supreme Court of India stated that the right to appeal against a conviction is both a statutory right U/S 374 of the Criminal Procedure Code (CrPC) and a fundamental right connected to liberty U/A 21 of the Indian Constitution .The Court permitted an appeal against the dismissal of a delayed appeal by the Madhya Pradesh High Court, stressing on the requirement to consider logical and valid reasons for delay.
Key Facts
- Case Name: Mahesh Singh Banzara v. State of Madhya Pradesh
- Judges Name: Justice BV Nagarathna and Justice N. Kotiswar Singh
- The High Court dismissed the appeal of the appellant due to the delay of 1637 days ,despite reasons like financial restrictions and livelihood challenges.
- The Supreme Court of India restored the appeal and ordered the High Court to decide the matter based on merits.
Legal Insights
The Supreme Court of India declared that the right to appeal is a statutory right under Section 374 of Criminal Procedure Code (CrPC). It quoted the case of Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Rajendra v. State of Rajasthan to state that delays must be examined substantively rather than dismissed on the grounds of technicality.
Impact
This judgment protects the liberty of individuals by making sure that their right to appeal is not denied due to procedural delays, encouraging justice over technicalities.
Why It Matters
The ruling strengthens that Article 21 of the Indian Constitution safeguards fundamental rights, including access to justice and fair consideration of appeals, even when delays occur.
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