'Legal Aid To Poor Should Not Be Poor Legal Aid : Supreme Court Issues Directions To Ensure Prisoners Get Free & Timely Legal Aid
The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal.
The Supreme Court today (October 22) pronounced the judgment on a petition filed by human rights activist Suhas Chakma seeking measures to ensure free and timely legal aid to prisoners.In a significant judgment, the Supreme Court has asked the High Courts to consider issuing practice directions to all Courts to append a coversheet to all judgments on conviction and dismissal including...
The Supreme Court today (October 22) pronounced the judgment on a petition filed by human rights activist Suhas Chakma seeking measures to ensure free and timely legal aid to prisoners.
In a significant judgment, the Supreme Court has asked the High Courts to consider issuing practice directions to all Courts to append a coversheet to all judgments on conviction and dismissal including bail applications informing the convicts of their right to free legal aid facility for pursuing higher remedy.
It said: "We direct the Registry to forward a copy of this judgment to all the High Courts in the country. The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal."
The High Courts have also been asked to carry out information on free legal aid facilities on their respective web pages.
Apart from these directions, a bench of B.R. Gavai and K.V. Viswanathan has held that "awareness is the key" and to create awareness adequate measures should be taken to display the address and contact number of the nearest legal aid officer in public places such as police stations, bus stands and post offices, and railways.
It added: "This should be done in local language and English. Promotional campaigns in local language should be undertaken on all India radio, in addition to the promotional measures undertaken through the digitalized process like posting on websites and landing pages of the Legal Services Authority."
NALSA has been directed to move applications, if required, for further directions.
Justice Viswanathan orally added that coversheets must also be extended to victims as well.
Further, the Court has reiterated that legal aid to poor should not be poor legal aid and emphasised the quality of legal aid by referring to Ramanand@Nandlal Bharti v. State of UP(2022).
What has happened so far?
A bench of B.R. Gavai and K.V. Viswanathan was assisted by amicus and Senior Advocate Vijay Hansaria on the issue of free legal aid. Hansaria had argued that despite the existence of Legal Services Authorities at the National, State, District and Taluka levels, a large number of convicts are unaware of their existing right to free legal aid to approach higher courts challenging their convictions.
The petition therefore states: "It is thus necessary that a system may be put in place so that no convict is deprived of his right to file an appeal before the Appellate Court due to economic or other reasons."
Hansaria pleaded that a procedure should be appointed where jail visiting lawyers of the Prison Legal Aid Clinics shall visit each jail in the country within 4 weeks and shall personally contact the convicts who are undergoing sentence of imprisonment. They shall inform the prisoner of his conviction and sentence of imprisonment and that he is entitled to free legal aid and can file an appeal against conviction and sentence to the Appeal Court free of cost.
During the hearing, the Court had suggested the adoption of open prisons as a method to decongest prisons and had sought details from states regarding open prisons. The judgment on the aspect of legal aid was reserved on September 30.
How did the proceedings arise?
All proceedings arose from Kariman v. State of Chattisgarh, in which the Supreme Court hearing an SLP found that the petitioner was undergoing life imprisonment and had approached the Supreme Court Legal Services Committee after a delay of nearly 7 years.
In the application for condonation of delay, the petitioner stated that he has no guidance in jail that he can approach the Supreme Court through the Legal Service Committee.
On April 22, 2024, although the Court altered his conviction to 7 years of imprisonment as against 17 years already undergone, the Court appointed an amicus to suggest measures so that convicts could be made aware of their right to legal aid.
Statutory framework of legal aid
Article 39A of the Constitution mandates the State to secure free legal aid so that no citizens are deprived of securing justice by reason of economic or other disabilities. The Legal Service Authority Act, 1987 constituted a legal framework for providing legal aid. Chapter III (sections 3 to 11) has constituted Legal Services Authorities at the National, State, District and Taluka level; and Legal Services Committees in the Supreme Court, High Courts, District Courts and Taluka Courts.
The mandate of all these Authorities/ Committees is to make available legal services to the eligible persons. Section 12 specified the criteria who are entitled to legal aid and include a person in 'custody'.
The National Legal Services Authority (Free and Competent Legal Services) Regulation 2010, has made detailed provisions for grant of legal aid to eligible persons. National Legal Service Authority (Legal Services Clinic) Regulation, 2011 provides for establishment of Legal Services Clinics at various levels including inside jails.
The Standard Operating Procedure (SOP) for representation of persons in custody requires the District Legal Services Authority to take steps including 'visits to the jails must be made at least twice every week' and 'the jail visiting lawyers from the District Legal Services Authorities shall regularly interact with the inmates and especially new inmates to find out if they are represented by any lawyer and if not, they should inform the inmate about their right to get a legal aid lawyer'.
SOP on Access to Legal Aid Services to Prisoners and Functioning of the Prison Legal Aid Clinics, 2022. SOP on Access to Legal Aid contains detailed provisions so that no prisoner is without legal aid representation at any stage of legal proceedings.
Then there are NALSA's documents on Accessing Justice to Convicts in Prisons through Legal Services.
During the proceedings, the amicus also sought data from the Supreme Court Legal Services Committee from 2022 onwards. The data revealed that 503 applications were received in the year 2022 against conviction, where a sentence of 10 years or more was awarded.
The analysis of the data revealed that there was a long lapse of time from the impugned judgment of the High Court to the time they preferred an SLP before the Supreme Court.
On May 9, Hansaria circulated a format of a letter to be submitted by Jail Visiting Lawyers regarding information to convicts on free legal aid. Subsequently, on 17 May, the court took on record the modified format circulated by NALSA. Thereafter, NALSA circulated the modified letter to be filled by Jail Visiting Lawyers and directed them to collate the data received by them and compile the information as per the format prescribed by NALSA.
Following this, advocate Rashmi Nandakumar, for NALSA, submitted responses received from various States. Subsequently, Nandakumar flagged that in some cases the inmates, especially those involved in multiple cases, do not want to be released on bail, for post the bail, the period in custody is not counted. In some cases, inmates want the trial to end and are therefore reluctant to move applications for release on bail.
Case Details: Suhas Chakma v Union of India & Ors. WP (C) No. 1082/2020
Appearances: Senior Advocate Vijay Hansaria(amicus) assisted by Advocates Kavya Jhawar and Nandini Rai and Advocate Rashmi Nandakumar (NALSA)
Citation : 2024 LiveLaw (SC) 828