June 13, 2025: In a significant ruling, the Calcutta High Court has directed disciplinary action against two judicial officers — the Chief Judicial Magistrate and the District and Sessions Judge (NDPS), Alipurduar — for failing to appoint a legal aid lawyer to an accused in an NDPS case who remained unrepresented during crucial proceedings.
Justice Krishna Rao, while granting bail to the accused, observed a serious violation of constitutional and statutory rights, stating that the judicial officers neglected their duty by not providing a lawyer when the accused was presented in court. The court also noted that the accused was not informed of the grounds of his arrest, violating Article 22(1) of the Constitution and Section 52(1) of the NDPS Act.
“The petitioner was undefended… The Learned Judge has not provided any Advocate from Legal Aid to defend the petitioner… Arresting Officer has violated the provisions of Article 22(1) of the Constitution of India,” the court stated.
The Registrar General has been asked to forward the order to the Chief Justice of the High Court for appropriate disciplinary measures.
This decision underscores the judiciary’s role in upholding the fundamental rights of the accused, particularly in cases involving stringent laws like the NDPS Act, where legal representation is crucial for a fair trial.