Incomplete Records Being Furnished To Amicus Curiae & Other Counsels: Supreme Court Issues Directions To Ensure Qualitative Legal Aid

The bench of Justices U. U. Lalit and Ravindra Bhat was hearing a jail petition in which AOR Karan Bharioke, who was appearing as Amicus Curiae, submitted that the instant matter was assigned to him by communication of August 17 which requested him to file the special leave petition as early as possible and preferably within two weeks. "Mr. Bharihoke submits that at the stage of filing of the petition, the record in the matter including the depositions of the relevant witnesses was not given to him. He further submits that when he requested for the record, some documents were given to him but not the complete record", recorded the bench.

The bench adjourned the matter to enable the Amicus Curiae to place on record copies of the translation of relevant depositions.

"We have generally observed similar situations of incomplete record being furnished to the learned counsel from the panel of Amicus Curiae or those engaged by the Supreme Court Legal Services Committee, which impels us to issue directions to ensure good and qualitative assistance in legal aid matters", observed the bench, issuing the following directions:

(1) As and when any legal assistance either through the panel of Amicus Curiae maintained by the Registry of this Court or through the Supreme Court Legal Services Committee is sought for, complete record of the case in digital form must be sent by the State Legal Services Authority or the High Court Legal Services Committee.
(2) Further, the concerned State Legal Services Authority or the High Court Legal Services Committee must also share other relevant material and documents such as Custody Certificate disclosing the length of custody undergone by the accused.
(3) The State Legal Services Authority or the High Court Legal Services Committee must thus ensure that the entire material including the record and documents as stated above are shared with the Supreme Court Legal Services Committee or the Amicus Curiae Cell in the Registry of this Court so that adequate representation on behalf of the concerned accused is facilitated.
(4) Whenever any matters are received from the State Legal Services Authority or the High Court Legal Services Committee, the Amicus Curiae Cell in the Registry of this Court or the Supreme Court Legal Services Committee must ensure that the digital version of the record is shared with the concerned counsel.

The bench required that copies of this Order shall be sent to all the State Legal Services Authorities, the High Court Legal Services Committees as well as the Supreme Court Legal Services Committee and the National Legal Services Authority.

Mr. Bharioke was assisted by Advocates Neha Sahai Bharihoke and Siddhant Sharma.