Murugaiya Sharmila Devi vs Hon. Attorney General – CA NO.262/09-2012

In the case between Murugaiya Sharmila Devi and the Hon. Attorney General, the court addressed whether the appellant was denied a fair trial owing to the absence of her assigned counsel at the commencement of trial. It was held that the procedure followed by the High Court deprived the appellant of the right to legal representation and adequate time for preparation of her defence, in violation of Article 4 of the ICCPR Act No. 56 of 2007 and Article 13(3) of the Constitution. This holding reaffirmed the principle that accused persons are entitled to legal counsel and a reasonable opportunity to mount a defence. Reliance was placed on statutory and constitutional provisions guaranteeing the right to a fair trial. The conviction and sentence were quashed and a retrial was ordered, emphasizin