Section 132: Right to public trial—The appellant was charged with rape. Two

132. Right to public trial—The appellant was charged with rape. Two Counsel withdrew from the case, with the permission of the Magistrates. Consequently, the appellant was not represented by Counsel at his trial. The trial was held in camera, and the appellant convicted. The right to a trial in public is one of the fundamental safeguards which every democratic society affords to its citizens. This sacred principle is expressly recognised by the Constitution which however permits possible derogations in specific cases. Section 161A of the Courts Act which is a derogation from section 10 (9) of the Constitution must therefore be interpreted restrictively. The Magistrates did not consider it necessary to say why the case had to be heard in camera. Their power to do so is limited and the discretion conferred upon them, which may be subject to review, must be exercised judiciously. Andony v State (1992).