Summarize the following court judgment. iminal Appeal No. 25 of 1968. Appeal by special leave from the judgment and order	 dated July 20	 1967 of the Allahabad High Court in Cr. A. No. 469 of 1967 and Ref. No. 21 of 1967. K. K. Luthra	 for the appellant. O. P. Rana	 for the respondent. The Judgment of the Court was delivered by Bhargava	 J. The appellant Bashira was convicted by the Court of Session for having committed the murder of his own wife Saira alias Mahobawali with an axe inside his house at about 11 a.m. on 22nd August	 1966. The First Information Report of this incident was lodged on the same day at 5 15 p.m. by Naziran	 the mother of the appellant	 who went to the Police Station accompanied by the Chaukidar. The investigation of the case began on 23rd August	 1966. The appellant surrendered himself in Court on 24th August	 1966. On 15th September	 1966	 the Challan was presented in the Court of the Magistrate who recorded some evidence	 proceeded in accordance with section 207A of the Code of Criminal Procedure	 and then	 on 28th November	 1966	 committed the appellant for trial to the Court of Session for the offence of committing the murder of his wife punishable under section 302 of the Indian Penal Code. The Temporary Civil & Sessions Judge of Hamirpur fixed 28th February	 1967 as the date for starting the actual trial of the case. On that day	 before beginning the trial	 he appointed one Sri Sirish Chandra	 Advocate	 as amicus curiae counsel to represent the appellant. He amended the charge which was read out to the appellant who pleaded not guilty. Thereafter	 on that very day	 evidence of two principal prosecution witnesses was recorded. The first witness was Smt. Naziran	 the mother of the appellant	 who had lodged the F.I.R.	 and the second witness was Khan Bahadur	 son of the appellant	 who was the sole eye witness of the incident of murder. The remaining evidence was recorded on 1st March	 1967	 on which date the appellant was also examined under section 342	 Cr. The appellant stated that be would not produce any defence. A joint application of coun sel for parties was presented on that day requesting the court to make a local inspection and 12th March	 1967 was fixed for local inspection. The Temporary Sessions Judge in that order 34 directed that a suitable conveyance should be arranged for him as he had no conveyance of his own. On 8th March	 1967	 the Public Prosecutor gave it in writing that no conveyance could be arranged and	 therefore	 prayed that the local inspection may be cancelled. The Judge cancelled the direction for local inspection and then fixed 10th March	 1967 for arguments. On that day	 Sri Shukla	 counsel representing the appellant presented an application praying for the recall of P. W. 2 Khan Bahadur for further cross examination on the ground that there had been an omission in drawing his attention to a contradiction with his statement recorded in the Court of the Committing Magistrate. He added that there were many other things to be seen and made this request in the interest of justice. The Judge held that the ground for recall that the witness could not be cross examined effectively would hardly justify the recall of the witness for further crossexamination. He further expressed his opinion that	 even if the statement attributed to the witness as having been made by him in the Court of the Committing Magistrate is brought on the record	 it would not help the appellant to any appreciable degree in his defence. On these grounds	 the application was rejected. Arguments were then heard on the same day and judgment was delivered on 13th March	 1967	 convicting the appellant for the offence of murder under section 302	 I.P.c and sentencing him to death. The appellant appealed in the High Court of Allahabad and the Tempy. Sessions Judge also made a reference for confirmation of the sentence of death. The High Court dismissed the appeal	 accepted the reference and confirmed the sentence of death. The appellant has now come up to this Court against that judgment of the High Court in appeal by special leave. In this case	 the principal ground urged on behalf of the appellant raises an important question of law. Learned counsel appearing for the appellant emphasised the circumstance that the amicus curiae counsel to represent the appellant was appointed by the Sessions Judge on the 28th February	 1967	 just when the trial was about to begin nd this belated appointment of the counsel deprived the appellant of adequate legal aid	 so that he was unable to defend himself properly. It was urged that the procedure adopted by the Court was not in accordance with law	 so that	 if the sentence of death is carried out	 the appellant will be deprived of his life in breach of his fundamental right under Article 21 of the Constitution which lays down that no person shall be deprived of his life or personal liberty	 except according to procedure established by law. The main procedure for trial of a criminal case is laid down in the Code of Criminal Procedure and	 in this case	 there is no grievance that the procedure laid down therein was not followed by the Court of Session. The grievance	 however	 is that there 35 are provisions supplementing the procedure laid down by the Criminal Procedure Code and the course adopted by the Court of Session was in breach of these supplementary rules. Reference was made to Rule 37 in Chapter V of the General Rules (Criminals)	 1957 (hereinafter referred to as "the Rules") promulgated by the High Court of Allahabad in exercise of its powers under Article 227 of the Constitution and section 554 of the Code of Criminal Procedure. These Rules were published under Notification No. 241/A/Vlll a 1	 dated September 4	 1956 in the Supplement to the Government Gazette of Uttar Pradesh	 dated 3rd November	 1956. The notification clearly mentions the powers under which the High Court promulgated the Rules and also contains a clear recitation that the Rules were being published with the previous approval of the Government of Uttar Pradesh. We have mentioned these details	 because at one stage it was urged by learned counsel appearing for the respondent State Government that R. 37 of the Rules had no statutory force at all. The notification in the Gazette makes it perfectly clear that these Rules were all framed by the High Court in exercise of the powers conferred on it by the Constitution or by the Code of Criminal Procedure. The Rules are	 therefore	 clearly statutory Rules and	as such	they form a part of the procedure for trial of criminate cases by courts subordinate to the High Court of Allahabad	 in addition to the procedure laid down by the Code of Criminal Procedure. Rule 37 of the Rules is as follows "In any. case which comes before a Court of Session	 the court may engage counsel to defend the ac cused person if (a) the charge against him is such that a capital sentence is possible	 and (b) it appears that he has not engaged counsel and is not possessed of sufficient means to do so. To enable the Sessions Court to arrive at a decision as regards the second condition in the preceding paragraph	 the committing Magistrate shall in such cases make enquiries from the accused at the time of commitment and after making such other enquiries as may be necessary	 report within a month of the commitment order to the	 court to which the commitment is made whether the accused is possessed of sufficient means to engage counsel. Each case must be decided on its merits and no hard and fast rule as to sufficiency of means should be applied. The Sessions Court in making its decision shall not be bound by the report of the committing magistrate. 36 .lm15 Counsel appointed under this rule shall be furnished with the necessary papers free of cost and allowed sufficient time to prepare for the defence. " On the basis of the language used in this Rule	 learned counsel for the State urged that this Rule should not be held to be mandatory	 but only a Rule enabling a Court to engage a counsel to defend a person accused of an offence punishable with capital sentence. It is true that the word used is "may" in this Rule	 but	 in our opinion	 the purpose of the Rule will be completely defeated if we were to accept this submission. It appears that the word "may" was used only because there are certain conditions laid down	 on the existence of which depends the appointment of the amicus curiae counsel to represent the accused. The principal pre condition is that the accused has himself not engaged a counsel and is not possessed of sufficient means to do so. The Rule adds that no hard and fast rule as to the sufficiency of means should be applied when the court has to decide whether an amicus curiae counsel should be provided at the cost of the Government	 and each case must be decided on its merits. It was because of these conditions that the word "may" was used in the Rule; but the intention of the Rule is perfectly clear that no accused person should remain totally unrepresented by a lawyer	 if he is being tried on a charge for which a capital sentence can be awarded. Considering the purpose of this Rule	 we hold that the word "may" in this Rule must be interpreted as laying down a mandatory direction to the Court to engage a counsel	 if the conditions laid down in the Rule are otherwise satisfied. In this connection	 learned counsel for the State drew our attention to two decisions of this Court reported in Janardan Reddy and Others vs The State of Hyderabad and Others and connected Appeals(1)	 and Tara Singh vs The State(2). In the first of these two cases	 this Court was considering the effect of section 271 of the Hyderabad Criminal Procedure Code read along with the Rules and Circular Orders issued by the Hyderabad High Court and	 in that connection	 held that	 though section 271 of the Hyderabad Criminal Procedure Code corresponds to section 340 of the Indian Criminal Procedure Code	 these provisions did not Jay down as a rule of law that in every capital sentence case	 where the accused is unrepresented	 the trial should be held to be vitiated. In the second case	 this Court examined the scope of the right conferred on an accused by section 340(1) of the Code of Criminal Procedure and held that it does not extend to a right in an accused person to be provided with a lawyer by the State or by the Police or by the Magistrate. The Privilege conferred by this provision only gave a right to an accused to be represented by a counsel if he wanted to engage one himself or to (1) ; (2) ; 37 get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity for this purpose. It appears to us that neither of these two cases is applicable to the case before us	 because	 in those cases	 no question arose of taking into account a provision laying down procedure for trial of cases such as is contained in r. 37 of the Rules. These cases	 no doubt	 show that section 340	 Cr. P.C. by itself	 does not cast any duty on a court to provide a counsel at State expense even when the offence triable is punishable with death; but that is imaterial	 because the right	 on which the appellant is basing his claim	 is sought to be justified under r. 37 of the Rules. Learned counsel for the State	 in view of these two decisions	 urged before us that we should hold that r. 37 of the Rules was void as contravening the principle laid down by section 340	 Cr. P.C.	 explained in the two cases referred to above. We are unable to appreciate this argument. Section 340	 Cr. P.C.	 does not prohibit the appointment of a counsel by the Court at State expense	 though it does not prescribe such an appointment as a mandatory direction to be carried out by the Court. Rule 37 of the Rules only supplements the provision contained in section 340	 Cr. P.C.	 and is	 therefore	 in no way in conflict with section 340	 Cr. P.C.	 and it cannot be held that it is void on any such ground. We have already quoted above r. 37 of the Rules in full. The grievance on behalf of the appellant is not that no counsel at all was engaged to represent him in the Court of Session; but non compliance with the Rule is urged on the ground than there was breach of the last clause of that Rule	 That clause requires that the counsel appointed under the Rules shall be furnished with necessary papers free of cost and allowed sufficient time to prepare for the defence. In this case	 the facts mentioned by us earlier clearly show that Sri Shukla was appointed counsel for the appellant on 28th February	 1967	 which was the date fixed for starting the trial	 and the trial was	 in fact	 started after his appointment on that very day. Thus	 sufficient time was not allowed to him to prepare for the defence of the appellant. At one stage	 information was attempted to be given to this Court on behalf of the State Government on the basis of entries in the register maintained for appointment of amicus curiae counsel that	 in fact	 Sri Shukla had been appointed to represent the appellant on 18th February 1967. That register was sent for by us and it appears that this position was taken on behalf of the State Government	 because	 at one place in that register	 the date showing appointment of Sri Shukla as counsel for the appellant was so entered that it could be read as 18th February 1967 as well as 28th February 1967. There were	 however	 other entries in the register which clarified the position and indicated that even that date must be read as 28th February 1967 and learned coun 38 sel for the State conceded that the appointment of the amicus curiae counsel was	 in fact	 made on 28th February	 1967. There is nothing on the record to show that	 after his appointment as counsel for the appellant	 Sri Shukla was given sufficient time to prepare the defence. The order sheet maintained by the .	Judge seems to indicate that	 as soon as the counsel was appointed	 the charge was read out to the accused and	 after his plea had been recorded	 examination of witnesses began. The counsel	 of course	 did his best to cross examine the witnesses to the extent it was possible for him to do in the very short time available to him. It is true that the record	 also does not contain any note that the counsel asked for more time to prepare the defence	 but that	 in ;our opinion	 is immaterial. The Rule casts a duty on the court itself to grant sufficient time to the counsel for this purpose and the record should show that the Rule was complied with by granting him time which the court considered sufficient in the particular circumstances of the case. In this case	 the record seems to show that the trial was proceeded with immediately after appointing the amicus curiae counsel and that	 in fact	 if any time at all was granted	 it was nominal. In these circumstances	 it must be held that there was no compliance with the 	requirements of this Rule. In this connection	 we may refer to the decisions of two of 	the High Courts where a similar situation arose. In Re: Alla Nageswara Rao	 Petitioner(1) reference was made to Rule 228 of the Madras Criminal Rules of Practice which. provided for engaging a pleader at the cost of the State to defend an accused person in a case where a sentence of death could be passed. It was held by Subba Rao	 Chief Justice as he then was	 speaking for the Bench	 that : " a mere formal compliance with this Rule will not carry out the object underlying the rule. A sufficient time should be given to the advocate engaged on behalf of the accused to prepare his case and conduct it on behalf of his client. We are satisfied that the time given was insufficient and	 in the circumstances	 no real opportunity was given to the accused to defend himself. " This view was expressed on the basis of the fact found that the advocate had been engaged for the accused two hours prior to the trial. In Mathai Thommen vs State(2)	 the Kerala High Court was dealing with a Sessions trial in which the counsel was engaged to defend the accused on 2nd August	 1958	 when the trig was posted to begin on 4th August	 1958	 showing that (1) A.I.R. 1957 A.P. 505. (2) A.I.R. 1959 Kerala 241. 39 barely more than a day was allowed to the counsel to get prepared and obtain instructions from the accused. Commenting on the procedure adopted by the Sessions Court	 the High Court finally expressed its opinion by saying : "Practices like this would reduce to a farce the engagement of counsel under rule 21 of the	 Criminal Rules of Practice which has been made fOr the purpose of effectively carrying out the duty cast on courts of law to see that no one is deprived of life and liberty without a fair and reasonable opportunity being afforded to hm to prove his innocence. We consider that in cases like this counsel should be engaged at least some 10 to 15 days before the trial and should also be furnished with copies of the records. " In our opinion	 no hard and fast rule can be laid down as to the time which must elapse between the appointment of the counsel and the beginning of the trial; but	 on tile circumstances of each case	 the Court of Session must ensure that the time granted to the counsel is sufficient to prepare for the defence. In the present case	 when the counsel was appointed just before the trial started	 it is clear that there was failure to comply with the requirements of the rule of procedure in this behalf. Learned counsel for the State urged before us that we should not hold that the award of	 the sentence of death to the appellant in this case is in breach of the fundamental right conferred by article 21 of the Constitution	 because	 he submitted	 r. 37 of the Rules was not enacted by any legislature and	 consequently	 it should not be held to be a part of the procedure established by law. In this connection	 he relied on the view expressed by Kania	 C.J.	 in A. K. Gopalan vs The State of Madras(1)	 where lie held "No extrinsic aid is needed to interpret the words of article 21	 which in my opinion	 are not ambiguous. Normally read	 and without thinking of other Constitutions	the expression 'procedure prescribed by law 'must mean procedure prescribed by the law of the State. " This Interpretation was given in order to exclude from the scope of article 21 rules of natural justice which are not incorporated in any law. Proceeding further	 he dealt with the language of Art.31 where the expression used is "by authority of law" and held "It is obvious that in that clause 'law ' must mean enacted law". (1) ; 	111 12. 40 We do not think that	 in expressing these views	 the learned Chief Justice intended to explain the full scope of the word "law" as used in article 21. What he was concerned with was to examine whether rules of natural justice could also be covered by that word in this article and he held that this will not be justified. In later cases	 the Court has clarified the position and has held that the word "law" in article 21 includes subordinate legislation not enacted by the legislature	 but promulgated by the delegated authority in exercise of its statutory powers. Thus	 in Maqbool Hussain vs The State of Bombay & Connected Cases(1)	 the Punjab Communist Detenus Rules	 1950 framed by the Government of Punjab under section 4(a) of the were held to be covered by the word "law". In Pandit M. section M. Sharma vs Shri Sri Krishna Sinha and Others	(2) Rules made by the Legislature under articles 118(1) and 208(1) and the privileges of each House under articles 105(3) and 194(3) were held to be law justifying deprivation of personal liberty guaranteed by article 21. In the case of Makhan Singh vs State of Punjab & Connected Appeals(3)	 the Defence of India Rules made by the Central Government under section 3 of the Defence of India Ordinance	 1962 were held to be "law" for purposes of Article 21. Thus	 this Court has clearly laid it down that Rules made by a subordinate legislative authority in exercise of its delegated power of legislation granted by the Constitution or a Statute enacted by the legislature are "law" for purposes of article 21	 though	 of course	 it is always open to the person affected to challenge the validity of those Rules. In the present case. we have already held that r. 37 of the Rules has been framed in exercise of the powers of the High Court under article 227 of the Constitution and section 554 of the Code of Criminal Procedure	 and is a valid Rule. In these circumstances	 the conviction of the appellant in a trial held in violation of that Rule and the award of sentence of death will result in the deprivation of his life in breach of the procedure established by law. Learned counsel also urged that we should not hold the con viction and sentence to be void when it is not shown that there was any prejudice to the appellant by the failure of the court to observe the procedure laid down by the Rule. In our opinion	 in such a case	 the question of prejudice does not arise when a citizen is deprived of his life without complying with the procedure prescribed by law. We may	 however	 add that	 in this case	 the facts indicate that there was	 in fact	 prejudice to the accused caused by the non compliance with the requirement of r. 37 of the Rules. The two principal witnesses	 Naziran and Khan Bahadur	 were examined immediately after the appointment of (1) ; (2) [1959] Supp. 1 S.C.R. 806. (3) [1964] 4 S.C.R. 797. 41 amicus curiae counsel and the application presented on behalf of the accused on 10th March	 1967	 to which we have referred above clearly shows that the counsel felt that he had not been able to cross examine at least the sole eye witness Khan Bahadur properly. That is why he presented an application for recall of that witness. It is obvious that	 in rejecting that application	 the Sessions Judge failed to notice that the counsel had been appointed on the very day when that witness was examined and sufficient time had not been granted to him to prepare the defence. In fact	 we feel that	 in such cases	 if sufficient time is not granted to the counsel to prepare defence	 prejudice must necessarily be inferred and the trial will be vitiated. As a consequence	 we set aside the conviction and sentence of the appellant. Since we are holding that the conviction is void because of an error in the. procedure adopted at the trial	 we direct that the appellant shall be tried afresh for this charge after complying with the requirements of law	 so that the case is remanded to the Court of Session for this purpose. V.P.S. Appeal allowed and retrial order.

The appellant was charged with the offence of murder under section 302 IPC. Just before the beginning of the trial	 the Sessions Court appointed	 an advocate as amicus curiae to represent the appellant. After the examination of witnesses	 on the day on which the case was posted for argument	 appellant 's counsel prayed for the recall of the sole eyewitness for further cross examination as the witness could not be cross examined effectively. The application was rejected	 and after hearing arguments	 the court con victed the appellant and sentenced him to death. The conviction and sentence were confirmed by the High Court. in appeal to this Court	 it was contended that the belated appointment of counsel deprived the appellant of adequate legal aid and that be would be deprived of his life in breach of his fundamental right under article 21. HELD:The right on which the accused based his claim is based on r.37 of the General Rules (Criminal) 1957	 promulgated by the High Court in exercise of its powers under article 227 of the Constitution and section 554 of the Criminal Procedure Code. Therefore	 the rule is a statutory rule and forms part of the procedure for trial of criminal cases. Its intention is that no accused person should remain unrepresented by a lawyer if he is being tried on a charge for which a capital sentence can be awarded. Notwithstanding the use of the word 'may '. considering the purpose of the rule	 it must be interpreted as laying down a mandatory direction to the Court to engage a counsel if the conditions laid down therein are satisfied. As the rule supplements the provision contained in section 304 Cr. P.C. under which such appointment of counsel is not mandatory	 it is not in conflict with the section. The last clause of the rule requires that the counsel appointed under the Rules shall be furnished with necessary papers free of cost and allowed sufficient time to prepare for the defence. [35D E; 36 E; 3B	 D	 E F] In the present case	 when the counsel was appointed just before the trial started	 there was a failure to comply with the requirements of the rule. Even though counsel did not ask for time it was the duty of the court	 under the rule	 to grant sufficient time to counsel	 and	 when sufficient time was not granted to counsel to prepare the defence	 prejudice must necessarily be inferred and the trial held vitiated. Further	 as the word 'law ' in article 21 includes subordinate legislation promulgated by delegated authority there is a breach of article 21	 and therefore the question of prejudice does not arise. [38C; 40B	 G H; 41B] Maqbool Hussain vs State of Bombay	 ; 	 Pandir M. section M. Sharma vs Shri Sri Krishna Sinha	 [1950] Supp. 1 S.C.R. 806 and Makhan Singh vs State of Punjab	 [1964] 4 S.C.R. 797	 followed. 33 A. K. Gopalan vs State of Madras	 ; 	 111 112; Janardan Reddy vs State of Hyderabad	 ; and Tara Singh vs The State	 ; 	 explained. Re:Alla Nageswara Rao	 A.I.R. 1957 A.P. 505 and Mathai Thommen vs State A.I.R. 1959 Kerala 241	 referred to.