trial stage and as to whether the trial Court complied with the above
provision of law, before entering into the trial......"
50. The term "reason to believe" came under discussion in the case of Chaudhry
Shujaat Hussain v. The State14 where while referring to the interpretation of the
term in the case of Moulvi Fazlul Qader Choudhury v. Crown15 this Court held:"...The term "reason to believe" can be classified at a higher pedestal than mere
suspicion and allegation but not equivalent to proved evidence. Even the
strongest suspicion cannot transform in "reason to believe...."
51. After a careful examination of the case law discussed above, we hold that the
terms "reason to believe" and "appears to the Court" used in sections 464 and 465,
Cr.P.C are synonymous and refer to a tentative opinion which has to be formed for
the purpose of deciding whether or not to enquire into the issue of capability of the
accused to face trial as a question of fact.
52. We further hold that whenever the trial Court is put to notice, either by
express claim made on behalf of the accused or through Court's own observations,
regarding the issue of incapability of accused to understand the proceedings of trial
and to make his/her defence, the same shall be taken seriously while keeping in
mind the importance of procedural fairness and due process guaranteed under the
Constitution and the law.
53. The terms "reason to believe" and "appears to the Court" in the context of
sections 464 and 465, Cr.P.C are to be interpreted as a prima facie tentative opinion
of the Court, which is not a subjective view based on impressions but one which is
based on an objective assessment of the material and information placed before the
Court or already available on record in the police file and case file. While forming
a prima facie tentative opinion, the Court may give due consideration to its own
observations in relation to the conduct and demeanor of an accused person. Failure
of the parties to raise such a claim, during trial, does not debar the Court from
forming an opinion on its own regarding the capability of an accused person to face
the proceedings of trial. In such a situation, the Court may rely on its own
observations regarding the demeanor and conduct of the accused either before or at
the time of taking a plea against the charge or at any later stage. The Court may
take note whether he/she is being represented by Counsel or not and consider the
material (if any) available on record which may persuade it to enquire into the
capability of the accused to face trial. The Court may assess the mental health
condition of an accused by asking him/her questions such as why he/she is
attending the Court; whether he/she is able to understand the proceedings which are
being conducted (trial); whether he/she is able to understand the role of people who
are a part of the trial; the basic procedure may be explained to him/her to assess
whether he/she is able to understand such procedure and whether he/she is able to
retain information imparted to him/her; whether the accused is able to understand
the act committed by him/her and what the witnesses are deposing about his/her
act; and whether he/she is able to understand the evidence being produced by the
prosecution against him/her. However, we would like to clarify that a prima facie
tentative opinion cannot be formed by the Court only on the basis of such questions
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