Criminal law and procedure—Plea of guilty—Appeal from—Appellants charged with
attempt to smuggle—Plea of guilty with explanation of carrying out errand for
competent authority—Whether appellants admitting guilt—Appellants not appreciating
import of charge of “attempt to smuggle”—Whether convictions on plea sustainable.
Criminal law and procedure—Subversion—Jurisdiction—Proper forum for trial—
Offence of subversion through smuggling justiciable only by military tribunal—
Discretion vested in Attorney-General where act constituting offence under Decree as
well as another enactment to order trial under other enactment before normal court—
Acts of appellants constituting offence under Decree only—No direction in writing by
Attorney-General conferring jurisdiction on circuit court—Whether conviction by circuit
court sustainable—Subversion Decree, 1972 (N.R.C.D. 90), s. 4.
Criminal law and procedure—Subversion—Jurisdiction—Proper forum for trial—Retrial—
No jurisdiction in circuit court for trial of subversion through smuggling—Whether
High Court to order re-trial of subversion by circuit court—Decision of military tribunal
appointed under N.R.C.D. 90 final and unappealable—Whether proper—Whether
proper exercise of judicial power to order re-trial before military tribunal—N.R.C.D. 90,
s. 4 (7).
Human rights—Legal aid—Right to counsel—Illiterate and indigent persons—
Adequate and ample provisions in Act 372, s. 110 on legal aid—Duty of courts to apply
provisions to avoid injustices to citizens—Legal aid necessary to safeguard liberty of
citizens—Courts Act, 1971 (Act 372), s. 110 (1) and (2).