Uttarakhand HC Orders Retrial for 4 Chinese Nationals, Cites Lack of Interpreter in Trial

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In a significant ruling, the Uttarakhand High Court has quashed the conviction of four Chinese nationals and ordered a fresh trial, citing a fundamental flaw in the trial process. The court found that the accused were not provided with an interpreter when charges were framed against them, rendering the entire trial invalid. The four Chinese nationals were arrested in 2019 during a border check in the Banbasa area of ​​Champawat district for allegedly traveling without passports and visas and possessing forged documents. They were charged under various sections of the Indian Penal Code and other laws. Although a magistrate initially acquitted them of some charges, a sessions court later convicted them of others. However, the accused filed a review petition in the high court, which ultimately led to the quashing of their conviction and sentence. The high court, in its ruling, noted that the accused did not understand Hindi or English, but only Chinese. Despite this, the charges were framed without the assistance of an interpreter, violating their fundamental right to a fair trial. The court emphasized that if the accused did not understand the charges against them, the entire trial became meaningless, making it a serious procedural defect that could not be rectified later. In its order, the high court directed that the trial be started afresh from the beginning, with an interpreter provided to ensure that the accused can understand the charges against them. This decision is expected to have significant implications for the trial process in India, particularly in cases involving foreign nationals who may not speak the local language.