Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

Nainital, Nov 18 (PTI) The Uttarakhand High Court has set aside the conviction and criminal proceedings against four Chinese nationals and ordered a fresh trial on the grounds that they were not provided an interpreter during the framing of charges.

A single bench of Justice Ashish Naithani held that a fundamental error occurred during the trial, rendering the entire proceedings invalid. The court noted that the accused did not understand Hindi or English, yet charges were framed without the assistance of an interpreter -- a violation of their right to a fair trial.

It said that when an accused is unfamiliar with court language, it is necessary to provide an interpreter to explain the charges.

The four Chinese nationals were apprehended during a border check in the Banbasa area of ​​Champawat district in 2019. Authorities alleged that they were found without passports and visas, and the documents recovered from them were forged.

They were charged under sections 419 and 420 (cheating), 467 and 468 (forgery), 471 (using forged documents), and 120B (criminal conspiracy) of the Indian Penal Code, as well as the Passport Act and the Foreigners Act.

Earlier, a magistrate had acquitted them of some charges but convicted them of others. The sessions court later upheld the conviction, prompting the accused to file a review petition in the high court.

The bench said, "The subordinate court also acknowledged that the accused did not understand Hindi or English but only Chinese. Despite this, the charges were framed without the assistance of an interpreter, which violates the fundamental right to a fair trial." The high court said that if the accused did not understand the charges against them, the entire trial became meaningless, terming it a serious procedural defect that could not be rectified later.

The bench noted that an interpreter was provided during the recording of the statement, but the crucial first step of explaining the charges was performed incorrectly, rendering the subsequent proceedings legally void.

Setting aside the orders of the magistrate and the sessions court, the high court quashed the conviction and sentence of the Chinese nationals. It directed that the trial be started afresh from the beginning, necessarily with an interpreter. PTI DPT RHL