Uttarakhand HC Directs District Legal Services Authorities To Hire Advocates To Help Release Of Undertrials Unable To Furnish Bail Bonds

The Uttarakhand High Court has directed the District Legal Services Authorities (“DLSAs”) of the State to hire Advocates for the undertrials languishing in jail due to their inability to submit personal bonds to be released on bail.

It is worthwhile to mention that vide order dated 10.04.2024, the direction was given to the authority to file a status report with regard to the detention of those under trial, who have not been released due to the non-functioning of surety bonds.

Upon submission of the details after it came to know that 27 undertrials could not be released on bail because they had not given their bail bonds, the bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal passed such necessary direction to the DLSAs of the State in light of Supreme Court's decision passed in Hussainara Khatoon and others Vs. Home Secretary, State of Bihar [(1980) 1 SCC 81].

Also, while referring to the order passed by the Uttarakhand State Legal Service Authority whereby the fees of the empanelled legal aid counsels were increased almost three times, therefore the Court indicated that the DLSAs shall provide the same amount of legal fees (as offered to empanelled Advocates) to the Advocates having three years of experience being hired for the aforesaid purpose upon making of an application by such hired Advocates.

"It has also been mentioned that in exercise of the powers conferred by Section 29A of the Legal Services Authorities Act, 1987, the Uttarakhand State Legal Service Authority by amending the Uttarakhand State Legal Services Authority (Transaction of Business and other Provisions) Regulations, 2006 vide order dated 12.06.2024 has increased the fee of the Legal Aid Counsels almost three times and any Advocate, who is not empanelled, but having more than 3 years' of experience at the Bar, provides free legal services, to the undertrials, such Advocate, may, on application, be also given the benefit of the approved fee schedule for the payment of honorarium.", the court noted.

The Court directed a copy of this order be also sent to Mr. Pradeep Mani Tripathi, Member Secretary, State Legal Services Authority to comply with the above-said order and send respective letters to all the District Legal Services Authority.

Case Details: SUO MOTU PIL IN THE MATTER OF CONSIDERING THE INSPECTION REPORT AND TO REFORM IN DISTRICT JAIL Versus PRINCIPAL SECRETARY, WPPIL/38/2024

Click here to read/download the order