Kerala HC Recalls Witnesses Cross-Examined by Accused Himself (after Lawyer Quit): Violation of Right to Fair Trial

The Kerala High Court allowed recall of two prosecution witnesses whose cross-examination before trial court had been conducted by the accused personally after his lawyer quit. The Court held that the trial court should have informed the accused of his right to State-appointed counsel under Section 304 CrPC, especially when he lost his private counsel. Failing to do so violated the accused’s right to fair trial under Article 21. Accordingly, the HC quashed the trial-court’s refusal to recall and directed fresh cross-examination by advocate. The decision reinforces procedural fairness, legal-aid rights, and safeguards for unrepresented accused in criminal trials. (Live Law)