Can Hearing Of Appeal Be Deferred Until Convict Is In 'Fit State Of Mind' To Give Instructions To Lawyer? Delhi High Court To Consider

The Delhi High Court is set to consider a question as to whether hearing of an appeal against conviction can be deferred until the convict is in the fit state of mind to give instructions to his or her counsel.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma was dealing with a plea moved by a convict challenging his conviction in 2002 in a murder case.

He also challenged the trial court order sentencing him in the FIR which was lodged in the year 1991.

While the appeal was moved in 2002, an application was recently filed on behalf of the convict seeking postponement of hearing of the appeal until he was in a sound mind and able to give instructions to his counsel for addressing submissions.

The application said that the convict suffered from serious medical conditions- dementia and psychosis, and at times becomes aggressive and had manic episodes. Various medical records were also attached in support of the application, including the convict's prescriptions from Lady Hardinge Medical College and Sucheta Kriplani Hospital.

The convict's counsel informed court that his client was currently undergoing treatment at Institute of Human Behaviour and Allied Sciences (IHBAS).

The counsel relied upon Sections 328 and 329 of the Cr.P.C and submitted that unless and until the convict was in a coherent state of mind to enable him to give instructions and to answer questions of the facts, the hearing of the appeal ought to be postponed.

Issuing notice on the application, the court directed the Delhi Police to verify all the facts mentioned in the application from the concerned hospitals or institutes.

It further sought police's report on the present medical (physical and mental) health of the convict and whether his mental condition is reversible or irreversible.

The matter will now be heard on September 11.

Counsel for Appellant: Mr. Anurag Andley, Mr. Aditya Andley, Mr. Tanmay Gupta and Mr.Sahil Nagar, Advocates

Counsel for Respondent: Mr. Mukesh Kumar, APP for the State

Title: KRISHAN KUMAR v. STATE OF DELHI

Click here to read order