Supreme Court Reserves Judgment On Petition Seeking Free & Timely Legal Aid To Convicts

The Supreme Court yesterday (September 30) reserved the judgment on question of free and timely legal aid to convicted prisoners in batch of petitions filed by human rights activist Suhas Chakma flagging issue of free legal aid to prisoners and open jail reforms.

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. It was argued by Hansaria that despite the existence of Legal Services Authorities at the National, State, District and Taluka level, a large number of convicts are not aware of their 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.

Proceedings so far

In Kariman v. State of Chattisgarh, the Supreme Court 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 condocation 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 alterd his conviction to 7 years of imprisonment as against 17 years already undergone, the court appointed amicus to suggest measures so that convicts could be made aware of their right to legal aid.  

Hansaria had taken the court through the Standard Operating Procedure for representation of persons in custody and SOP on Access to Legal Aid Services to Prisoners and Functioning of the Prison Legal Aid Clinics, 2022. SOP on Access to Legal Aid contain detailed provisions so that no prisoner is without legal aid representation at any stage of legal proceedings.

He also referred to the NALSA's documents on Accessing Justice to Convicts in Prisons through Legal Services. 

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 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)

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