NEWS – The Supreme Court reaffirmed that the right to appeal against a conviction is integral to the right to life and personal liberty under Article 21 of the Constitution.

HIGHLIGHTS

Fundamental Right to Appeal:

• Referenced Dilip S. Dahanukar vs Kotak Mahindra Co. Ltd. (2007): Recognized appeal as a statutory right under Section 374 of the Criminal Procedure Code.
• Declared the right to appeal as a fundamental right under the broad scope of Article 21.
• Rajendra vs State of Rajasthan (1982): Courts must evaluate reasons for the delay before dismissing an appeal as time-barred.

Court’s Decision

• Delay Condoned: The SC condoned the 1,637-day delay, restoring the appeal to the High Court for examination on its merits.
• Criticism of High Court’s Approach: The dismissal of the appeal on technical grounds, without a substantive review, was deemed erroneous.

Legal Principles Established

• Right to Appeal: An individual convicted of an offense is entitled to appeal under statutory law.
• Expansive Interpretation of Article 21: The right to life and liberty includes access to justice, making the right to appeal a fundamental component.
• Duty of Courts: Courts must examine reasons for delay in filing an appeal, ensuring fair consideration and preventing dismissal on mere technicalities.

Broader Implications

• Ensuring Justice: The verdict emphasizes procedural fairness in safeguarding individual liberty.
• Prevention of Miscarriage of Justice: Dismissal of appeals without a fair review could lead to injustice, particularly in cases affecting personal freedom.
• Judicial Precedent: Reinforces the obligation of courts to consider substantive reasons over procedural lapses.