Mechanism For Informing Accused About The Right Of Appeal On Adverse Orders: SC Asks Amicus To Consult NALSA

In a bid to reduce the extraordinary delays in filing Special Leave Petitions by accused and convicted persons languishing in jails, the Supreme Court on Tuesday directed amicus curiae Senior Counsel Vibha Datta Makhija to prepare a step by step plan for intimating an accused of his rights to appeal within a stipulated period.

The Bench comprising Justice S.A. Bobde and Justice L. Nageshwara Rao directed Ms. Makhija to hold consultations with the Member Secretary, National Legal Services Authority of India and the Secretary, Delhi State Legal Services Committee, along with the Additional Solicitor General Maninder Singh.

The observations were made on a Petition filed by a rape accused through the Supreme Court Legal Aid Committee after a delay of more than two years.

Taking note of the fact that such delays were often witnessed by the Court, it took into consideration the recommendation of putting in place speedy response system that would keep the accused informed of their rights.

One of the suggestions put forth by Ms. Makhija was to institute a system of auditing and reporting of follow-up action at the conclusion of the trial and the appeal. She recommended that High Court rules be amended to make it mandatory for the Registrar to send a notice to the parties apprising them of the time available to them for filing an Appeal.

The reporting, she asserted, should be taken at the office of the Presiding Judge at the Trial Court level, and the Registrar at the High Court Level. This would be monitored by the District and the State Legal Aid Committee respectively.

An audit report will also have to be prepared periodically, preferably every six months, and submitted to the State Legal Aid Authority, which in turn would submit a report to the National Legal Services Authority annually. The concerned authorities would be required to pass directions on these reports within three months of their submission, in order to ensure smooth and efficient monitoring of legal services.

“Having heard Ms. Vibha Datta Makhija, learned Amicus Curiae at length today and having perused the suggestions submitted by learned Amicus Curiae we consider it appropriate to have views of the National Legal Services Authority (NALSA) for laying down a step by step procedure for ensuring intimation of an adverse order/judgment to the accused; seeking whether he intends to file an appeal; informing the accused of his right to legal aid, and taking steps to ensure that an appeal is filed. It is also necessary to ensure a monitoring mechanism for following whether due intimation and certification is being done”.

The Bench has directed the registry to post the matter in January,2018.