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Informist, Wednesday, Oct. 23, 2024

 

NEW DELHI – The Supreme Court on Wednesday said that awareness is the key for the success of the functioning of the legal aid mechanism. A robust mechanism should be put in place and periodically updated to ensure that the various beneficial schemes promoted by the legal services authorities reach the nooks and corners of the nation and particularly, to those whose grievances it has set out to address, said the top court.

 

The top court said that boards in prominent places be displayed in public places furnishing the address and contact number of the nearest legal aid office. Promotional campaigns in the local language be undertaken through radio, All India Radio, and Doordarshan, said the court. 

 

The top court was hearing a petition by Suhas Chakma for direction to the Centre, states and Union territories to ensure that no prisoner is subjected to torture, cruel, inhumane and degrading treatment or punishment because of living in overcrowded and unhygienic conditions in jail. The petitioner had sought that all persons deprived of their liberty are entitled to be treated with humanity and with respect for inherent dignity, and made a prayer for creating a permanent mechanism to decongest the overcrowded prisons.

 

The apex court noted that to give effect to the constitutional goal under Article 39-A of the Constitution, the Legal Services Authorities Act, 1987 was enacted. As the preamble to the Act sets out, it was to constitute legal services authorities to provide free and competent legal services to the weaker sections of society, said the court. The Bench of Justice B.R. Gavai and Justice K.V. Viswanathan noted a statement made by former Chief Justice of India U.U. Lalit that legal aid to the poor should not be poor legal aid. 

 

Issuing a slew of directions, the top court said that legal services authorities will periodically review and update standard operating procedure-2022 for the Undertrial Review Committee. The huge gap between the total number of persons identified by the committee and the number of persons recommended for release should be looked into, and adequate corrective measures be taken, said the court. Similarly, the difference between the number of prisoners or inmates recommended for release and the number of bail applications filed should be particularly looked into by legal service authorities and adequate corrective measures should be taken, the court said.

 

The court said that interaction by the legal service authorities at different levels with convicts who had not preferred appeals should be periodically undertaken, and the convicts be informed of their right to free legal aid. The top court asked the high courts to consider the feasibility of issuing a practice direction that all courts, while furnishing a copy of its judgement regarding bail, conviction and similar things, may append a cover sheet informing the convict about the availability of free legal aid facilities for pursuing higher remedies.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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