Light Of Constitutional Liberties Not Reaching Undertrials Behind Dark Walls Of Prisons: Allahabad HC Stresses On Need For Timely Legal Aid

Expressive concern over the situation, a bench of Justice Ajay Bhanot remarked “that while the nation celebrates the Amrit Kaal of Azaadi, there is a class of Indian citizens who lead 'anonymized' lives in the 'dark walls of prisons' where the 'light of Constitutional liberties does not penetrate”.

The single judge made this observation while dealing with a clutch of petitions in which the accused applicants moved their bail applications with a significant delay as they had no access to legal aid for more than a decade (the period varied in each case).

In all the cases, the applicants, financially destitute and marginalized, faced delays in filing their bail applications due to a lack of legal representation and illiteracy.

“The most consequential issues of the human condition located in the most inherent domain of the Indian Constitution also arise in the companion bail applications. On the morrow of 75th year of the Constitution, constitutional amnesia grips some spaces in the country,” the Court said, pointing out the lacunas existing in our system providing legal aid to the accused.

The Court further observed that the lack of legal aid, particularly for impoverished and marginalized prisoners, often leads to prolonged detention and deprivation of liberties, and this recurring issue had been consistently highlighted to the Court.

“The failure of justice for want of legal aid in the instant case is not a one off. Denial of legal aid has many facets with varied consequences. Prisoners belonging to the weaker sections of the society or facing circumstances of undeserved want or suffering from acute poverty or often do not have access to legal aid and consequently are unable to file bail applications for years on end. The resulting deprivation of liberties of this class of prisoners due to lack of legal aid is a recurring feature which has been repeatedly brought to the notice of this Court,” the Court remarked.

In its 90-page order, the Court also summarised various facets of the right to seek bail and right to legal aid, which are entrenched by Articles 14 and 21 of the Constitution of India:

(a) Every prisoner has a right to promptly seek bail from the competent court. This right includes the right to file subsequent bail applications after rejection of the earlier bail applications.

(b) Every prisoner has to be apprised of the right to seek bail at various stages of the criminal law process/ trigger events in the suggested time line by the magistrate, trial court, DLSA and superintendent of jail (A suggestive time line has been drawn up in the preceding part of the narrative, See: Paras 111,112,113,114)

(c) Every eligible prisoner is entitled to legal aid to file a bail application56 at every such stage/ trigger events in the suggested time line. (A suggestive time line has been drawn up in the preceding part of the narrative, See: Paras 111,112,113,114). The said stages in the timeline are the “trigger events” for the learned trial courts, magistrates and DLSAs to process the grant of legal aid to each prisoner.

(d) Every prisoner has a right to timely and updated information about the status of their bail application.

(e) Every prisoner has a right to be informed of the steps taken by their counsel/DLSA for effective and diligent prosecution of the bail application to ensure its early hearing.

(f) Delay in filing and hearing of the bail application frustrates the right to legal aid and defeats the right to seek bail

In this regard, the Court also highlighted the 'paramount' duty of the Courts to ensure that prisoners appearing in criminal proceedings have access to legal aid at all times.

Stating that the Courts cannot remain mute spectators when legal aid is denied to prisoners in legal proceedings before them, the Court remarked thus:

“When judicial conscience is not shocked at the denial of right of legal aid to prisoners, or when apathy to the legislative mandate informs judicial functioning, or when the holdings of Constitutional Courts are violated with impunity a crisis point will be reached. The situation will result in miscarriages of justice which will bring discredit to the process of the courts. In that event the judiciary will have to yield the moral high ground and the foundations of a just State shall be shaken.”

Against this backdrop, the Court opined that prisoners' right to seek bail cannot be postponed indefinitely because of a lack of updated criminal history. The Court added that the situation can be remedied in such cases by concerted actions of various statutory agencies and State authorities.

On the issue regarding solving the issues and shortcomings and providing speedy legal aid to the needy prisoners, the Court suggested certain measures which are summarised as follows:

• The Court called for an urgent need for the JTRI, Lucknow and the learned District Judges to study the systemic faults (concerning timely legal aid) in depth and create appropriate programmes for learned magistrates, trial judges and DLSAs to sensitize them to their statutory duties towards under trial prisoners and to their obligations to bring the fundamental rights of the aforesaid class of prisoners (as discussed in this judgment) to fruition.
• The Court also underscored that the power of superintendence conferred upon the High Court by Article 227 of the Constitution of India, which contemplates the role of a benign guardian for the High Court, has to provide the necessary support systems through administrative measures and other guidance as may be deemed fit.
• The Court stated that the upgradation of digital infrastructure and the creation of I.T. solutions and digital platforms for autogenerating the requisite information and facts will play a critical role in achieving the task of processing legal aid to needy prisoners. In this regard, the Court stressed that only when the magistrates, trial courts, DLSAs and jail authorities have smooth access to the said information can the legislative aims of Section 304 Cr.P.C., the Legal Services Authority Act, 1987 and the Jail Manual be achieved in letter and spirit.