Duty Of Legal Services Authorities To Ensure That Opportunities To Secure Justice Are Not Denied To Any Individual For Any Reason: Delhi High Court

The Delhi High Court has observed that it is the duty of legal services authorities to ensure that opportunities to secure justice are not denied to any individual for any reason whatsoever.

"The principal objective of these Legal Services Authorities is to provide free and efficient legal representation to those sections of the society that are unable to access the same on account of socio-economic," a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed.

The Court was dealing with a public interest litigation filed by a lawyer on the panel of Delhi High Court Legal Service Committee (DHCLSC), seeking direction on the State to provide with the scanned copy or hard copy of the FIR, Chargesheet, evidence or other trial court records of the Under Trial Prisoners (UTPs) on a request or application made in that regard.

The plea also sought quashing of the circular dated January 7, 2019 issued by Delhi State Legal Services Authority to the extent that it prohibited the UTPs having private counsel to obtain the certified copy of the documents. A direction was also sought that the said circular be put in abeyance till the physical functioning of the court completely resumes and the UTPs are allowed to attend their matters physically.

It was thus the petitioner's contention that Under-Trial Prisoners who engage private lawyers were not being furnished with copies of FIRs, chargesheets and other related documents required by private lawyers for the purpose of defending them.

On the other hand, it was argued that so far as the UTPs who were being represented by panel counsels of the Legal Services Authority were concerned, they were being provided with all documents free of cost.

"It is pertinent to note that the petitioner has failed to point to us any case establishing that documents were not provided with respect to the UTPs. On the contrary, the status report filed on behalf of DSLSA/ Respondent No.2 enumerates the status of the documents being duly provided to UTPs," the Court noted.

While upholding the said circular, the Court ordered thus:

"Consequently, in the considered opinion of this Court, the Circular dated 17.01.2019 does not call for any interference. However, it is made clear that the respondent shall ensure that all the necessary documents are provided to all those lawyers who are empanelled with the DHCLSC and DSLSA in order for them to be able to represent the UTPs to the best of their abilities."

The plea was accordingly disposed of.

Case Title: ALOK TRIPATHI v. STATE NCT OF DELHI & ANR.

Citation: 2022 LiveLaw (Del) 650

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