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Counsel for accused can not be asked to surrender copy of st

counsel for accused can not be asked to surrender copy of statement of witnesses scribed by him

 
In the instant case the Magistrate was fully justified in not compelling the lawyer to surrender his register which contained a part of the privileged communication and even if the lawyer had taken down the evidence in extenso for the limited purpose of using it to defend the accused or cross- examine the witnesses, he could not be prevented from doing so, nor does section 14 contemplate or envisage such a course of action
If it is held that section 14, by using the word 'publication' deprives an accused of getting any copies of the statement of witnesses or of the judgment under section 548 of the Code of Criminal Procedure or Criminal Rules of Practice framed by the High Court then it would be difficult to uphold the constitutional validity of section 14 because in that event the procedure would become extremely unreasonable, harsh and


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 1 Replies

N.K.Assumi (Advocate)     04 October 2012

Thanks for posting this important case.


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