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Bar Associations Duty-Bound To Evolve Affordable Means For People Deprived Of Access To Justice Due To Financial Hardship: Allahabad HC
Sparsh Upadhyay
11 July 2023 7:09 PM IST
Stressing that cause of "justice is an essential and concomitant duty of legal practitioners", the Allahabad High Court recently observed that Bar Associations are "duty-bound to evolve affordable means" to the sufferers who, on account of financial hardship, stand deprived of access to justice.The bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I observed thus...
Stressing that cause of "justice is an essential and concomitant duty of legal practitioners", the Allahabad High Court recently observed that Bar Associations are "duty-bound to evolve affordable means" to the sufferers who, on account of financial hardship, stand deprived of access to justice.
The bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I observed thus while deaing with criminal appeal of 2 convicts challenging their conviction filed with a delay of 430 days.
When the matter came up before the Court, it noted that the appeal was clubbed with a plea seeking condonation of delay on the ground that the appellants are "poor persons who could not manage the fee as asked by the counsel" and the appeal was being filed after the appellants "managed the fee of the counsel".
Taking into account the plight of the appellants in the case, the Court asserted that the District Legal Services Authority, Sitapur has not been sentient to the cause of under trials/convicted persons who have no means to approach this Court and are financially distressed.
In view of this, the Court directed the Secretary District Legal Services Authority to submit a report as to the manner in which the role of Legal Services Authority was carried out and sensitized during the relevant period.
The Superintendent District Jail, Sitapur has also been asked to explain by filing an affidavit as to how the present appellants have remained deprived of the facility of legal aid provided by the State. This report/ affidavit shall be submitted to this Court within a period of two weeks from today.
Signficantly, the Court has also expected that under trials/convicts languishing in jail in the like manner may also be verified and their data be supplied to the court for necessary directions, if any.
"We also expect the legal fraternity to be sensitive about the cause of justice so that financially distressed people are able to have easy access to the courts of law. The Bar Council of U.P. is expected to take up the cause of justice amongst the members of legal fraternity so that no such reason is available for any counsel to spell out the same for seeking condonation of delay. Cause of justice is an essential and concomitant duty of the legal practitioners and Bar Associations are duty bound to evolve affordable means to the sufferers who on account of financial hardship stand deprived of access to justice," the Court further observed.
Against this backdrop, taking the reason spelt out in the affidavit to be true, the Court found the cause shown to be sufficient and hence, it condoned a delay of 430 days in filing the appeal is allowed the application.
The appeal has now been admitted and court has summoned the lower court record. Further, the Court has called for objections to the appeal within 3 weeks and has listed the matter for August 2023.
Appearances
Counsel for Appellant: Anita, Gauri Suwan Pandey
Counsel for Respondent: G.A.
Case title - Shiv Kumar And Another vs. State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrett. Lko [CRIMINAL APPEAL DEFECTIVE No. - 190 of 2023]
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