Supreme Court of India

Mohd. Hussain @ Julfikar Ali v. The State (govt. of Nct) Delhi

Neutral citation

Reported as [2012] 1 S.C.R. 64

Bench H.L. Datiu and Chandramauli Kr. Prasad JJ.

Decided 11 January 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, I allow the appeal and set aside the conviction and sentence imposed by the Additional D Sessions Judge in Sessions Case No.122 of 1998 dated 03.11.2004 and the Judgment and Order passed by the High Court in Crl.

Judgment, page 52

From the headnote

Penal Code, 1860 - ss. 3021307 - Explosives Substances Act, 1908 - s. 3 - Explosion in bus - Death of 4 persons and 24 persons sustained serious injuries - Capital punishment - Conviction of appellant alongwith death sentence for offences ulss. 3021307 and s. 3 of the 1908 Act by the courts below - Challenged, on the ground that he was not given the assistance of a lawyer to defend himself during the trial - Held: o In view of difference of opinion as regards the issue whether the matter requires to be remanded for de novo trial of the appellant after giving him the assistance of a counsel,

Authorities it was built on

1994 Kartar Singh v. State of Punjab cited by 54
1978 Madray Hayawadanrao Hoskot v. State of Maharashtra cited by 32
2006 Zahira Habibullah Sheikh and Anr. v. State of Gujarat and Ors. cited by 19
1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna cited by 15
1980 Khatri and Others v. State of Bihar & Ors. cited by 11
2009 Jayendra Vishnu Thakur v. State of Maharahstra and Another cited by 10
2011 Md. Sukur Ali v. State of Assam cited by 2

Where later benches applied it

2013 Dr. Rajesh Talwar and Anr. v. C.B.I. and Anr. relied on
2013 Selvi J. Jayalalithaa & Ors. v. State of Karnataka & Ors. relied on
2025 Waris v. State of Madhya Pradesh referred to
2022 Waheed-ur-rehman Parra v. Union Territory of Jammu & Kashmir referred to
2015 Ag v. Shiv Kumar Yadav &anr. referred to

Of those, 2 relied on · 3 referred to

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