5. Embedding Violations: Role of the Assam’s High Court Reasons assigned by defendants to explain their nonappearance. Lawyer erred in discharging his professional duties Deemed to not be a special/exceptional circumstance. Lawyer failed to conduct the case properly. Defendant was ignorant of the procedure.441 Defendant was dependent on lawyer to inform about the next date of hearing as she is illiterate. He did not tell her.442 Lawyer advised that there is no need to appear in the proceedings after the written statement has been filed.443 Defendant failed to elaborate how the lawyer did not inform her about the trajectory of the case or why she stopped appearing.444 Lawyer did not file the application for adjournment.445 Illness Suffering from dysentery.446 Severe lumbar pain and spondylosis.447 Suffering from diabetes mellitus with neuropathy.448 Defendant missed hearings while recovering from a stroke.449 Lack of legal aid/ representation Unable to engage a lawyer due to poor financial situation.450 Misunderstanding with the lawyer led him to withdraw from the case.451 Lawyer stopped appearing because he fell ill. Afterwards, lost communication with lawyer.452 table continued on the following page 143 441 Musstt Sahara Kahtun v. Union of India WP(C) 3424/2016 (Gauhati High Court, 16 June 2016). Smti Rekha Rani Das (n 324). Md. Musraf Ali v. Union of India WP(C) 6624/2015 (Gauhati High Court, 11 November 2016); Jagadish Sutradhar v. Union of India WP(C) 6587/2015 (Gauhati High Court, 4 November 2015); Musstt. Saleha Begum v. State of Assam WP(C) 4846/2010 (Gauhati High Court, 17 September 2010); Najrul Islam @ Najir Miah @ Md. Nazrul Haque v. Union of India WP(C) 1599/2012 (Gauhati High Court, 12 November 2015). 444 Smti. Lakhi Biswas v. Union of India WP(C) 55/2016 (Gauhati High Court, 7 January 2016). 445 Musstt. Anowara Begum v. Union of India WP(C) 4836/2015 (Gauhati High Court, 30 November 2015). 446 Maleka Khatun v. Union of India WP(C) 5621/2016 (Gauhati High Court, 4 October 2016). 447 Nur Banu Begum (n 435). 448 Abdul Kadir (n 435). 449 Smti. Jyotsna Nath (n 436). 450 Md. Atowar Ali v. Union of India WP(C) 4120/2016 (Gauhati High Court, 23 August 2016); Smti. Mina Sarkar v. Union of India WP(C) 7275/2015 (Gauhati High Court, 2 December 2015); Sahijuddin v. Union of India WP(C) 6505/2015 (Gauhati High Court, 13 November 2015). 451 Smti. Roimon Nessa v. State of Assam WP(C) 1396/2011 (Gauhati High Court, 28 February 2014). 452 Binoy Bhushan Choudhury @ Binoy Kumar Choudhury WP(C) 557/2012 (Gauhati High Court, 7 January 2016). 442 443