Kailasen Rajkumar vs The Attorney General – HCC/042/22-2023

In the case between the Attorney General (Respondent) and Kailasan Rajkumar (Accused-Appellant), the court addressed the issue of whether the accused was deprived of a fair trial due to procedural deficiencies, particularly concerning the appointment of legal counsel and the accused’s ability to instruct that counsel. It was determined that the trial suffered from significant irregularities, including insufficient time allotted for the accused to consult with his lawyer and the proceedings conducted in absentia without proper representation. The holding emphasized that these failures contravened statutory and constitutional safeguards ensuring a fair trial. As a consequence, the conviction and death sentence were quashed and a retrial was ordered following an inquiry under section 241(3) o