Defendant unable to nominate energy of legal professional: Punjab and Haryana Excessive Court docket: The Tribune India

Saurabh Malik

Tribune news service

Chandigarh, August 14th

The Punjab and Haryana High Court has ruled that a defendant cannot give authority to represent him in criminal proceedings. The trial would not only encourage the accused to seek such permission in order to avoid being present in person before the trial or any other court, but would also add an extra burden to the courts.

Judge Manoj Bajaj also ruled that doing so could further delay the conclusion of the criminal case, undermining the aim and purpose of the criminal laws.

Judge Bajaj’s verdict came on a petition by a proclaimed perpetrator contesting orders that the court issued an arrest warrant without bail to ensure his presence before being detained in an FIR charged with fraud at the Civil Lines Police Station in April 2010 Amritsar was registered, was declared a declared criminal.

Judge Bajaj was told that the petitioner had gone abroad during the pending case and the judicial process’ efforts to ensure his presence were unsuccessful. He moved the HC initially for knocking down the FIR, claiming that continuing the trial against him would be a waste of the court’s precious time as his co-defendant had been acquitted. However, the lawsuit was not upheld.

Judge Bajaj claimed that criminal proceedings in the absence of the accused could only take place with the approval of the court.

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