(Querist) 18 September 2010
This query is : Resolved
Please refer the statement of lawyer at http://www.hindustantimes.com/Pune--lawyer-to-represent-accused-in-German-Bakery-blast-case/Article1-601828.aspx
The layer states that accused has the constitutional right to be considered innocent till proven guilty.
1) Please tell me under which article this constitutional right is conferred on accused.
2) If it is indeed a constitutional right then how come we had laws like TADA etc. were accused is assumed guilty and he has to prove his guilt
(Expert) 19 September 2010
Art.20 to Art.22 of the Constitution of India provide for such fundamental rights to the accused. However reasonable restrictions can be imposed on such fundamental rights by the State. The enactments to which you have referred to fall under this category. Their constitutional validity has been tested and decided by the Apex Court as well.
(Querist) 19 September 2010
Thank you Subramaniun Sir! Very precise answer! My query got satisfied.