Discuss in class what might have happened in Shanti's case if the following procedures
had not been observed.
a. If she were not defended by a lawyer.
b. If the court had not assumed her to be innocent
Answers
Explanation:
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A)If she were not defended by a lawyer then we cannot call it a fair trial and it would have been a clear violation of article 22 of our constitution that "every person has a fundamental right to be defended by a lawyer" and also violation of article 39A which states that it is the duty of the state to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.
B)And if the court had not assumed her to be innocent then she would have been sentenced without any conclusive evidence which would not have been in accordance with the law. Hence there would not have been fair trial and justice would have not prevailed.