ISSUE:
Whether the appellant was entitled to legal representation as a matter of right in the High Court?
Whether the failure to provide legal representation vitiated the appellate proceedings?
RULE:
Legal representation is fundamental to a fair trial. A person accused of an offense, particularly one involving deprivation of liberty, must have the opportunity to secure legal representation. The right to a fair procedure encompasses legal assistance when the accused is indigent or unable to engage a lawyer.
Legal aid is not confined to the trial stage but extends to appeals. The right to legal representation continues throughout all stages of criminal proceedings, including appellate review. The statutory framework and constitutional principles make no distinction between trial and appeal in ensuring access to legal assistance.
Proceedings conducted without ensuring legal representation to an indigent accused are constitutionally defective. A conviction obtained under such circumstances is tainted with procedural irregularity, violating the principles of fairness and due process under Article 21 of the Constitution.