Supreme Court of India
SUHAS CHAKMAversusUNION OF INDIA & ORS.
- Citation
- 2024 INSC 813
- Decided
- 23 October 2024
- Disposal
- Directions issued
Holding
The Court held that NALSA, in coordination with State and District Legal Services Authorities, must ensure effective, periodic, and updated implementation of SOP‑2022 and related mechanisms to provide free legal aid to prisoners, accompanied by robust monitoring, awareness, and procedural reforms.
Summary
The petitioner, a prison inmate, filed a writ petition under Article 32 seeking a permanent mechanism to ensure free and timely legal aid for prisoners and to address overcrowded, unhygienic prison conditions. The Court examined the constitutional mandate under Articles 21 and 39‑A, the Legal Services Authorities Act, 1987, and the Bhartiya Nagarik Suraksha Sanhita, 2023, alongside extensive case law on the right to legal aid. It evaluated the National Legal Services Authority's (NALSA) Standard Operating Procedure 2022 (SOP‑2022) for Prison Legal Aid Clinics, the Legal Aid Defence Counsel System, and related monitoring mechanisms. Finding that while significant steps have been taken, gaps remain in implementation, monitoring, awareness, and coordination among NALSA, State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs). The Court therefore issued comprehensive directions for periodic updating of SOP‑2022, strengthening monitoring of PLACs, enhancing awareness campaigns, improving the Legal Aid Defence Counsel System, and mandating High Courts to attach informational coversheets on legal aid to judgments. These directions aim to ensure that every prisoner can access competent free legal assistance at all stages of criminal proceedings.
Issues considered
- The adequacy of existing mechanisms, including NALSA's SOP‑2022, to provide free legal aid to prison inmates as required by Articles 21 and 39‑A of the Constitution.
- Whether the Legal Services Authorities at the national, state and district levels must periodically update and strengthen monitoring of Prison Legal Aid Clinics (PLACs) and the Legal Aid Defence Counsel System.
- The need for systematic awareness programmes to inform prisoners of their right to free legal aid and appellate remedies.
- The appropriateness of directing High Courts to issue practice directions and attach coversheets informing convicts of free legal aid facilities.
- The responsibility of the authorities to bridge the gap between prisoners identified for release by Under‑Trial Review Committees and actual bail or release outcomes.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023s. 341
- Constitution of Indias. Article 21, s. Article 39-A
- Legal Services Authorities Act, 1987s. 12, s. 13, s. 14, s. 15, s. 3, s. 4, s. 6, s. 9
Headnote
Issue for Consideration Access to free and timely legal aid for prison inmates. Headnotes† Free Legal Aid – Constitutional and Statutory Framework – Constitution of India – Articles 21, 39-A – Equal justice and free legal aid – Legal Services Authorities Act, by NALSA for making legal services available, creating awareness about convict’s right of appeal, availability of free legal services – Standard Operating Procedures (SOP) by NALSA on Access to Legal Aid Services to Prisoners and Functioning of the Prison Legal Aid Clinics 2022
Subjects
Article 21Article 39-AFree legal aidPrison inmatesLegal Services AuthoritiesNALSASLSADLSAPrison Legal Aid ClinicsSOP-2022Under Trial Review CommitteeLegal Aid Defence Counsel SystemAwareness campaignsE-Prison ModulePre‑arrest legal assistanceOvercrowded prisonsRight to appealJudicial directions
Judgment
[2024] 10 S.C.R. 1769 : 2024 INSC 813
Suhas Chakma
v.
Union of India & Ors.
(Writ Petition (C) No. 1082 of 2020)
23 October 2024
[B.R. Gavai and K.V. Viswanathan,* JJ.]
Issue for Consideration
Access to free and timely legal aid for prison inmates.
Headnotes†
Free Legal Aid – Constitutional and Statutory Framework –
Constitution of India – Articles 21, 39-A – Equal justice and
free legal aid – Legal Services Authorities Act, 1987 – ss.3,
4, 6, 9, 12-15 – Policies and Schemes by NALSA for making
legal services available, creating awareness about convict’s
right of appeal, availability of free legal services – Standard
Operating Procedures (SOP) by NALSA on Access to Legal
Aid Services to Prisoners and Functioning of the Prison Legal
Aid Clinics 2022 (SOP-2022); SOP For (Under Trial Review
Committees (UTRCs); Introduction of the Legal Aid Defense
Counsel System; Special Campaigns for prisoners to ensure
timely access to justice; Awareness measures; Compilation,
Translation of Documents; Pre-Litigation Assistance; E-Prison
Module/E-kiosks in Prisons for effective monitoring of cases,
access to case updates – Elucidated – Work done by NALSA,
SLSAs and DLSAs praised – Directions issued:
Held: NALSA with SLSAs and DLSAs, to ensure efficient
implementation and periodic updates of the SOP-2022 – Legal
Services Authorities to strengthen the monitoring of PLACs and
periodically review their functioning – Legal Services Authorities
will periodically update and address shortcomings; ensure full
implementation of Legal Aid Defence Counsel System; periodically
review and update SOP-2022 for the UTRC – Awareness crucial
for legal aid mechanism; robust, regularly updated mechanism to
be in place by following measures such as boards with legal aid
contact details be displayed at public places like police stations,
bus stands, railway stations etc. both in local language and English;
* Author
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Promotional campaigns through local radio, AIR, TV, and digitally
by mentioning on websites of the legal services authority; street
plays in rural areas – Addressing gap between number of persons
identified by UTRC and those recommended for release; number of
prisoners recommended for release and number of bail applications
and taking adequate corrective measures – NALSA’s “Early Access
to Justice at Pre-arrest, Arrest and Remand Stage Framework”
for pre-litigation assistance should be diligently pursued and
periodically reviewed – Legal Service Authorities should periodically
interact with convicts who had not filed appeals and inform them of
their right to free legal aid – Periodic interactions with Jail Visiting
Lawyers (JVLs) and Para Legal Volunteers (PLVs) will ensure
updation of their knowledge for efficient system functioning – Legal
Services Authorities should ensure ongoing education for lawyers
involved in pre-litigation assistance and those associated with
the Legal Aid Defence Counsel System – DLSAs should submit
periodic reports to the SLSAs and the SLSAs to the NALSA and
NALSA should digitize the process for real time updates – Union
Govt. and State Govts. will continue to support Legal Services
Authorities for the effective implementation of measures – High
Courts may consider issuing a practice direction that all courts
including the High Court may attach a coversheet to the copy of
the judgments and notices issued to the respondents in appeals
against acquittal, informing the convict about free legal aid for
higher remedies with address and phone number of the legal aid
committee – High Courts may display information about the legal
aid facilities available in the State on their website. [Para 34]
Case Law Cited
Hussainara Khatoon and Others (IV) v. Home Secretary, State of
Bihar, Patna [1979] 3 SCR 532 : (1980) 1 SCC 98; Khatri and
Others (2) v. State of Bihar and Others [1981] 3 SCR 145 : (1981)
1 SCC 627; Suk Das v. Union Territory of Arunachal Pradesh
[1986] 1 SCR 590 : (1986) 2 SCC 401; Madhav Hayawadanrao
Hoskot v. State of Maharashtra [1979] 1 SCR 192 : (1978) 3
SCC 544; Sunil Batra (II) v. Delhi Administration [1980] 2 SCR
557 : (1980) 3 SCC 488; Girish Gandhi vs. State of UP [2024]
8 SCR 561 : 2024 SCC OnLine SC 2142; Sanjit Saha vs. State
of West Bengal [2023] 15 SCR 83 : 2023 INSC 1085; Ramu v.
State of U.P. 2024 SCC OnLine All 4618; Ramanand @ Nandlal
Bharti v. State of U.P. [2022] 5 SCR 162 : 2022 SCC Online SC
1396 – referred to.
[2024] 10 S.C.R. 1771
Suhas Chakma v. Union of India & Ors.
List of Acts
Constitution of India; Legal Services Authorities Act, 1987; Bhartiya
Nagarik Suraksha Sanhita, 2023.
List of Keywords
Articles 21, 39-A of the Constitution of India; Access to free legal
aid for prison inmates; Prisoners; Legal aid facilities; Legal aid
committee; Equal justice and free legal aid; Timely access to
justice; Legal Services Authorities; National Legal Services Authority
(NALSA); State Legal Services Authorities (SLSAs); District Legal
Services Authorities (DLSAs); Creating awareness about availability
of free legal services; Standard Operating Procedures (SOP)
by NALSA on Access to Legal Aid Services to Prisoners and
Functioning of the Prison Legal Aid Clinics 2022 (SOP-2022); SOP
For (Under Trial Review Committees (UTRCs); Legal Aid Defense
Counsel System; Special Campaigns for prisoners; Awareness
measures; Compilation, Translation of Documents; Pre-Litigation
Assistance; E-Prison Module/E-kiosks; Promotional campaigns;
Legal aid mechanism; Legal Aid Defence Counsel Dystem; Jail
Visiting Lawyers (JVLs); Para Legal Volunteers (PLVs); Legal
awareness camps; Prison Legal Aid Clinics (PLACs); Jail appeals;
Higher remedies; Appeals; Appellate rights of the convicts; Right
of appeal; Facility available for availing free legal services.
Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition No. 1082 of 2020
(Under Article 32 of The Constitution of India)
Appearances for Parties
Vijay Hansaria, K. Parameshwar, Sr. Advs./Amicus Curiae,
Ms. Kavya Jhawar, Ms. Nandini Rai, Ms. Kanti, Ms. Raji Gururaj,
Shreenivas Patil, Ms. Chitransha Singh Sikarwar, Anuj Kapoor,
Satish Pandey, Advs. for the Petitioner.
Tushar Mehta, Solicitor General, Suryaprakash V Raju,
Mrs. Aishwarya Bhati, A.S.Gs., Mrs. Garima Prasad, Sr. A.A.G.,
Shiv Mangal Sharma, Dr. Hemant Gupta, A.A.Gs., Praneet Pranav,
D.A.G., Nalin Kohli, Sr. Adv., Rajan K Chourasia, Kanu Agrawal,
Raghav Sharma, Ms. Priyanka Terdal, Arvind Kumar Sharma,
Ms. Prerna Singh, Guntur Pramod Kumar, Dhruv Yadav, Gautam
1772 [2024] 10 S.C.R.
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Bhatia, Abhimanyu Tewari, Ms. Eliza Bar, Shuvodeep Roy,
Deepayan Dutta, Saurabh Tripathi, Ms. Nimisha Menon, Anshul
Malik, Ms. Shruti Agrawal, Ayuushman Aroraa, Abhishek Pandey,
Prashant Kumar Umrao, Ms. Swati Ghildiyal, Ms. Devyani Bhatt,
Ms. Neha Singh, Akshay Girish Ringe, Ms. Inderdeep Kaur
Raina, Kartikeya Rastogi, Nishe Rajen Shonker, Mrs. Anu K Joy,
Alim Anvar, Ajith Anto Perumbully, Parth Awasthi, Pashupathi
Nath Razdan, Kshitiz Singh, Anand Dilip Landge, Siddharth
Dharmadhikari, Aaditya Aniruddha Pande, Pukhrambam Ramesh
Kumar, Karun Sharma, Ms. Anupama Ngangom, Ms. Rajkumari
Divyasana, Anando Mukherjee, Shwetank Singh, Milind Kumar,
Saurabh Rajpal, Ms. Saubhagya Sundnriyal, Sameer Abhyankar,
Ayushi Bansal, Aakash Thakur, Aryan Srivastava, Rahul Kumar,
Sarthak Dora, Sabarish Subramanian, Vishnu Unnikrishnan,
C. Kranthi Kumar, Sarathraj B, Danish Saifi, Ms. Aswani Satheesh,
Pradeep Misra, Daleep Dhyani, Sanjay Jain, Suraj Singh, Manan
Verma, Ms. Ayushi Hatwal, Sanjeev Kaushik, Ms. Astha Sharma,
Simranjeet Singh Rekhi, Tadimalla Bhaskar Gowtham, Bhuvan
Kapoor, Varun Chugh, Krishna Kant Dubey, Shreekant Neelappa
Terdal, Mukesh Kumar Maroria, Ketan Paul, Mayank Pandey,
Ms. Shivika Mehra, Ishaan Sharma, Sarthak Karol, Ms. Astha
Singh, Jagdish Chandra Solanki, Ms. Rashmi Nandakumar,
Ms. Yashmita Pandey, Ms. K. Enatoli Sema, Amit Kumar Singh,
Ms. Chubalemla Chang, Prang Newmai, Shivang Jain, Varun Goel,
Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
K.V. Viswanathan, J.
Brief Facts:
1. The present Writ Petition, under Article 32 of the Constitution of
India, was filed primarily for issuance an appropriate Writ, Order or
direction directing the respondents Union of India, States and the
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. It also
espouses the cause that all persons deprived of their liberty are
[2024] 10 S.C.R. 1773
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entitled to be treated with humanity, and with respect for the inherent
dignity and a prayer was made for creating a permanent mechanism
to decongest the overcrowded prisons.
2. When the Writ Petition came up for hearing on 22.04.2024, this Court
appointed Shri Vijay Hansaria, learned Senior Advocate as Amicus
Curiae. Thereafter, on 09.05.2024, Shri K. Parameshwar, learned
Senior Advocate (as Amicus Curiae) and Ms. Rashmi Nandakumar,
learned counsel for the National Legal Services Authority (NALSA)
were requested to assist the Court alongside the already appointed
Amicus Curiae. On that day Shri Vijay Hansaria, learned Amicus
Curiae tendered to Court the format of a letter to be submitted by the
Jail Visiting Lawyers (JVLs) regarding information to convicts on free
legal aid. Ms. Rashmi Nandakumar, learned counsel was asked to
take instructions from NALSA in this regard. Thereafter, in its order
of 17.05.2024, broadly two issues were identified- one pertaining to
Open Correctional Institutions and the other with regard to modalities
for visitation by lawyers in jail so as to ensure free legal aid to the
deserving prison inmates. On 17.05.2024, Ms. Rashmi Nandakumar,
learned counsel informed the Court that the format of letter initially
handed over by the learned Amicus has been slightly modified in
consultation with NALSA and the said modified letter to be filled by
the JVLs were taken on record and approved.
3. By a note submitted by learned counsel - Ms. Rashmi Nandakumar
on 15.07.2024, it was set out that the letter, as approved in the order
of 17.05.2024, was circulated by the NALSA to all the State Legal
Services Authorities (SLSAs) and a direction was issued to them to
collate the data received by JVLs and compile the information as
per the format prescribed by NALSA. Details of responses received
till 15th July, 2024 were also set out and directions were issued to
other States to file their responses. When the matter was taken up
on 09.09.2024, a detailed note dated 06.09.2024 was placed on
record by Ms. Rashmi Nandakumar, learned counsel on the aspect
of access to free legal aid for the deserving prison inmates. This
judgment deals with the aspect of access to free legal aid for prison
inmates. The issue of “Open Correctional Institutions” will be heard
and considered separately by the Court.
4. We have heard Mr. Vijay Hansaria learned Amicus Curiate and Ms.
Rashmi Nandakumar, learned counsel. We have considered the
detailed note submitted by the NALSA.
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Constitutional Goal
5. Article 39-A of the Directive Principles of State Policy which talks of
equal justice and free legal aid reads as under:
39-A. Equal justice and free legal aid.-
The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.
Relevant Judicial Pronouncements
6. This Court in Hussainara Khatoon and Others (IV) v. Home
Secretary, State of Bihar, Patna (1980) 1 SCC 98, held as under:
“6. …. It is not uncommon to find that undertrial prisoners
who are produced before the Magistrates are unaware of
their right to obtain release on bail and on account of their
poverty, they are unable to engage a lawyer who would
apprise them of their right to apply for bail and help them
to secure release on bail by making a proper application to
the Magistrate in that behalf. Sometimes the Magistrates
also refuse to release the undertrial prisoners produced
before them on their personal bond but insist on monetary
bail with sureties, which by reason of their poverty the
undertrial prisoners are unable to furnish and which,
therefore, effectively shuts out for them any possibility of
release from pre-trial detention…
We do not think it is possible to reach the benefits of
the legal process to the poor, to protect them against
injustice and to secure to them their constitutional and
statutory rights unless there is a nation-wide legal service
programme to provide free legal services to them. It is
now well settled, as a result of the decision of this Court in
Maneka Gandhi v. Union of India [(1978) 1 SCC 248] that
when Article 21 provides that no person shall be deprived
of his life or liberty except in accordance with the procedure
established by law, it is not enough that there should be
[2024] 10 S.C.R. 1775
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some semblance of procedure provided by law, but the
procedure under which a person may be deprived of his
life or liberty should be “reasonable, fair and just”. Now, a
procedure which does not make available legal services
to an accused person who is too poor to afford a lawyer
and who would, therefore, have to go through the trial
without legal assistance, cannot possibly be regarded as
“reasonable, fair and just”. It is an essential ingredient of
reasonable, fair and just procedure to a prisoner who is
to seek his liberation through the court’s process that he
should have legal services available to him…..
(Emphasis supplied)
Further, this Court in Khatri and Others (2) v. State of Bihar and
Others (1981) 1 SCC 627, para 6, held as under:
6. But even this right to free legal services would be
illusory for an indigent accused unless the Magistrate or
the Sessions Judge before whom he is produced informs
him of such right.
….It would make a mockery of legal aid if it were to be left
to a poor ignorant and illiterate accused to ask for free legal
services. Legal aid would become merely a paper promise
and it would fail of its purpose. The Magistrate or the
Sessions Judge before whom the accused appears must
be held to be under an obligation to inform the accused
that if he is unable to engage the services of a lawyer on
account of poverty or indigence, he is entitled to obtain
free legal services at the cost of the State. Unfortunately,
the Judicial Magistrates failed to discharge this obligation
in the case of the blinded prisoners and they merely stated
that no legal representation was asked for by the blinded
prisoners and hence none was provided. We would,
therefore, direct the Magistrates and Sessions Judges in
the country to inform every accused who appears before
them and who is not represented by a lawyer on account
of his poverty or indigence that he is entitled to free legal
services at the cost of the State. Unless he is not willing
to take advantage of the free legal services provided by
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the State, he must be provided legal representation at the
cost of the State…..”
(Emphasis supplied)
7. This Court has held that free legal assistance for poor and indigent
at the cost of the State is a fundamental right of a person under
Article 21 even if the person does not seek legal assistance on his
own. In Suk Das v. Union Territory of Arunachal Pradesh (1986)
2 SCC 401, this Court held as under.-
“6. But the question is whether this fundamental right
could lawfully be denied to the appellant if he did not
apply for free legal aid. Is the exercise of this fundamental
right conditioned upon the accused applying for free legal
assistance so that if he does not make an application for
free legal assistance the trial may lawfully proceed without
adequate legal representation being afforded to him? Now
it is common knowledge that about 70 per cent of the
people living in rural areas are illiterate and even more
than that percentage of the people are not aware of the
rights conferred upon them by law. Even literate people
do not know what are their rights and entitlements under
the law. It is this absence of legal awareness which is
responsible for the deception, exploitation and deprivation
of rights and benefits from which the poor suffer in this
land. Their legal needs always stand to become crisis-
oriented because their ignorance prevents them from
anticipating legal troubles and approaching a lawyer for
consultation and advice in time and their poverty magnifies
the impact of the legal troubles and difficulties when they
come. Moreover, because of their ignorance and illiteracy,
they cannot become self-reliant: they cannot even help
themselves. The law ceases to be their protector because
they do not know that they are entitled to the protection of
the law and they can avail of the legal service programme
for putting an end to their exploitation and winning their
rights…”
(Emphasis supplied)
[2024] 10 S.C.R. 1777
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8. In Madhav Hayawadanrao Hoskot v. State of Maharashtra (1978) 3
SCC 544, this Court, while holding that right to counsel for a prisoner
is a fundamental right traceable to Article 21, held that procedural
safeguards are the indispensable essence of liberty. This Court held
as under:-
“14. The other ingredient of fair procedure to a prisoner,
who has to seek his liberation through the court process
is lawyer’s services. Judicial justice, with procedural
intricacies, legal submissions and critical examination of
evidence, leans upon professional expertise; and a failure
of equal justice under the law is on the cards where such
supportive skill is absent for one side. Our judicature,
moulded by Anglo-American models and our judicial
process, engineered by kindred legal technology, compel
the collaboration of lawyer-power for steering the wheels
of equal justice under the law. Free legal services to the
needy is part of the English criminal justice system. And
the American jurist, Prof. Vance of Yale, sounded sense
for India too when he said: [ Justice and Reform, Earl
Johnson, Jr. p. 11]
“What does it profit a poor and ignorant man that
he is equal to his strong antagonist before the law if
there is no one to inform him what the law is? Or that
the courts are open to him on the same terms as to
all other persons when he has not the wherewithal
to pay the admission fee?”
xx xx xx
25. If a prisoner sentenced to imprisonment, is virtually
unable to exercise his constitutional and statutory right of
appeal, inclusive of special leave to appeal, for want of legal
assistance, there is implicit in the Court under Article 142,
read with Articles 21 and 39-A of the Constitution, power
to assign counsel for such imprisoned individual “for doing
complete justice”. This is a necessary incident of the right
of appeal conferred by the Code and allowed by Article
136 of the Constitution. The inference is inevitable that
this is a State’s duty and not Government’s charity. Equally
affirmative is the implication that while legal services must
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be free to the beneficiary, the lawyer himself has to be
reasonably remunerated for his services…..
26. In the present petition, the party, though preferred legal
aid by the court, preferred to argue himself. Even so we
uphold the right to counsel not in the permissive sense of
Article 22(1) and its wider amplitude but in the peremptory
sense of Article 21 confined to prison situations.
(Emphasis supplied)
9. In Sunil Batra (II) v. Delhi Administration. (1980) 3 SCC 488 in
Para 30 and 78(3), this Cout held as under.-
“30. We, therefore, affirm that where the rights of a
prisoner, either under the Constitution or under other law,
are violated the writ power of the court can and should
run to his rescue. There is a warrant for this vigil. The
court process casts the convict into the prison system and
the deprivation of his freedom is not a blind penitentiary
affliction but a belighted institutionalisation geared to a
social good. The court has a continuing responsibility to
ensure that the constitutional purpose of the deprivation
is not defeated by the prison administration….
78(3). Lawyers nominated by the District Magistrate,
Sessions Judge, High Court and the Supreme Court will
be given all facilities for interviews, visits and confidential
communication with prisoners subject to discipline and
security considerations. This has roots in the visitatorial
and supervisory judicial role. The lawyers so designated
shall be bound to make periodical visits and record and
report to the concerned court results which have relevance
to legal grievances.”
(Emphasis supplied)
The Legal Services Authorities Act, 1987
10. To give effect to the constitutional goal under Article 39-A, the Legal
Services Authorities Act, 1987 was enacted. As the preamble to the
Act sets out, the Act was to constitute legal services authorities to
provide free and competent legal services to the weaker sections of
society, to ensure that opportunities for securing justice are not denied
[2024] 10 S.C.R. 1779
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to any citizen by reason of any economic or other disabilities. Under
Section 3 of the Act, the National Legal Services Authority (NALSA)
is constituted. Under Section 4, the functions of the NALSA are set
out and the relevant ones for the purpose of the present issue are
(a) (b) (c) and (i). They are extracted herein below.
“4. Functions of the Central Authority.—
The Central Authority shall perform all or any of the following
functions, namely:
(a) lay down policies and principles for making legal
services available under the provisions of this Act;
(b) frame the most effective and economical schemes for
the purpose of making legal services available under the
provisions of this Act;
(c) utilise the funds at its disposal and make appropriate
allocations of funds to the State Authorities and District
Authorities;
(i) monitor and evaluate implementation of the legal
aid programmes at periodic intervals and provide for
independent evaluation of programmes and schemes
implemented in whole or in part by funds provided under
this Act;”
Section 6 and 9 deal with the constitution of State Legal Services
Authority and the District Legal Services Authority respectively.
Section 12 of the Act is a significant provision. Section 12, inter
alia, sets out that every person in custody who has to file or defend
a case shall be entitled to legal services under the Act. Section 13
mandates that persons who satisfy all or any of the criteria specified
in Section 12 shall be entitled to receive legal services provided that
the concerned authority is satisfied that such persons have a prima
facie case to prosecute or to defend. Section 14 speaks of grants by
Central Government and Section 15 speaks of the National Legal Aid
Fund and the application thereof. In exercise of its power NALSA has
been periodically laying down the policies and principles for making
legal services available under the provisions of the Act and framing
schemes and providing for utilization of funds.
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NALSA-Standard Operating Procedures on Access to Legal Aid
Services to Prisoners and Functioning of the Prison Legal Aid
Clinics - 2022
11. As the note submitted by the learned counsel indicate, furtherance
of this function NALSA has formulated the SOP on access to legal
aid services to prisoners and functioning of the Prison Legal Aid
Clinics (PLACs) (hereinafter referred to as NALSA SOP-2022). The
NALSA SOP-2022 deals with (i) The setting up and functioning
of the PLACs (ii) The purpose behind establishing the PLACs
(iii) The Roles and responsibilities of different legal aid functionaries
attached with the PLACs (iv) The monitoring of PLACs by DLSAs.
(v) The process of application for legal aid and role of PLACs in
facilitating appointment of legal aid lawyer (vi) The PLACs role in
providing legal aid services and legal assistance to the vulnerable
groups in prisons; (vii) The PLACs role in providing legal information
to prisoners and their families; (viii) The PLACs role in imparting legal
knowledge to prisoners about their rights and their grievance redressal
mechanism; and (ix) The PLACs role in giving legal assistance for
filing Jail Appeals before the High Courts and the Supreme Court
by the convicts in prison.
12. As set out in the note, the NALSA SOP-2022 enumerates the following
functions of the PLACs:-
"a. to ensure at all times that no prisoner is without
legal representation at any stage of the criminal
proceedings and to generate awareness about the
same;
b. to bridge the information gap between the prisoner
and the Court;
c. to facilitate communication between the prisoner and
the lawyer, whether legal aid or private;
d. to ensure that no person is illegally or unnecessarily
detained;
e. to ensure special needs of vulnerable groups (women,
young offenders, mentally-ill, foreign nationals,
persons from other states, etc.); in prisons are
addressed;
[2024] 10 S.C.R. 1781
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f. to collaborate with local authorities, universities,
academic institutions and civil society organizations
to further strengthen legal aid services for prisoners;
g. to act as a One Stop Centre (OSC) to raise the
grievances of the prisoners and direct the grievances
to appropriate authorities through DLSA; and
h. to undertake the implementation of the NALSA and
SLSA campaigns for prisoners or any other work
assigned to fulfil its mandate of providing legal aid
services and assistance to the prisoners.”
13. NALSA SOP-2022 also deals with the duties of the JVLs and the
Paralegal Volunteers (PLVs). The duties of the JVLs, as set out in
the note, are as follows :-
"a) To identify cases eligible for release under the
mandate of the Undertrial Review Committee (UTRC);
b) To interact with inmates identified by the paralegal
volunteers and provide legal advice;
c) To draft applications and petitions for parole/juvenility/
bail etc. for the undertrials and convicts present in
the clinic;
d) To ensure filling of legal aid application form for those
who need legal aid lawyers and submit the same to
the legal services authority, without any delay;
e) To conduct legal awareness camps inside prisons
including apprising new entrants to prison about the
free legal services provided by Tehsil Legal Services
Committee (TSLC) or Sub-Divisional Legal Services
Committee (SDLSC), District Legal Services Authority
(DLSA), High Court Legal Services Committee
(HCLSC) and Supreme Court Legal Services
Committee (SCLSC);
f) To regularly inform the inmates about the status of
their cases;
g) To communicate to the defense lawyer any pertinent
information that an inmate has requested to be shared
with his/her lawyer;
1782 [2024] 10 S.C.R.
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h) To also represent the inmates in courts in some
cases, if appointed by the Legal Service Institution
but not otherwise;
i) To prioritize and focus on personal interactions with
the inmates in the PLAC during the visit and then
document and prepare the petitions;
j) To assist the UTRC by coordinating with the inmates
and the courts on cases eligible for release;
k) To follow the directions given under NALSA SOP for
representing persons in custody;
l) To bring into notice of DLSA about the concern of
inmates in respect of conditions in jail;
m) Updating information on digital platform of legal aid
and legal aid e-prison.”
The duties of the PLVs are as under:
"a) To establish/ manage Legal Aid Clinics inside prisons,
as prescribed;
b) To take steps towards identification of prison inmates
who are in need of legal assistance. This would involve
reaching out to all prisoners whether beneficiary of
legal aid or not, especially the new entrants;
c) To seek permission from the prison authorities to visit
the wards/enclosures of prisoners to ascertain that
no one remains unrepresented;
d) To fill out the legal aid application form and promptly
send it to the concerned DLSA/TLSC & also ensure
that the prisoners interact with the Jail Visiting Lawyer
on his next visit to prison;
e) To coordinate and assist the Jail Visiting Lawyers in
providing legal advice and aid;
f) To give updates on the proceedings in a case to the
inmates;
g) To counsel inmates and explain any legal provision
pertaining to their case. Where there are doubts, then
refer the case to the Jail Visiting Lawyer;
[2024] 10 S.C.R. 1783
Suhas Chakma v. Union of India & Ors.
h) To receive legal aid lawyer appointment letters, replies
from legal service institutions and other authorities,
maintain record and give copies to the concerned
prisoner;
i) To submit reports to the DLSA about the Undertrial
Review Committee on cases eligible under section
436/436A Cr.P.C.;
j) To keep track of non-production of any inmate in the
Court as per the date given and inform the Secretary,
DLSA/SDLSC or TLCS;
k) To assist the prison inmate in filing any complaint or
grievances relating to their stay in prison; and
l) To send reminders/letters to the corresponding Legal
Services Authority to seek information regarding
status of case, name and contact details of the
assigned legal aid lawyer.”
14. Under Para 15 of the NALSA SOP-2022, the procedure for ensuring
smooth filing of petitions of the convicts in High Courts and the
Supreme Court has been outlined as follows:
"a) As soon as the order rejecting bail or an order of
conviction is pronounced by the Court (Magistrate
Court, Sessions Court or High Court), a prisoner shall
be informed by the PLAC regarding the right to bail/
appeal/review/revision in the High Court/Supreme
Court and the process of filing the same.
b) Steps must be taken promptly through the PLAC to
apply for appointment of lawyer by the High Court
Legal Services Committee (HCLSC) or the Supreme
Court Legal Services Committee (SCLSC), as the
case may be. A record of such application must be
made in designated register/database.
c) Where copy of judgement is not available with the
prisoner, the DLSA shall make available an extra
copy of the judgement to the prisoner to enable filing
of the petition/jail appeal.
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d) Upon receiving a request for legal assistance, the
HCLSC/SCLSC must immediately appoint a lawyer
to the case, details of whom must be duly intimated
to the prisoner via the Prison Superintendent, as
per prescribed formats provided in the NALSA’s
Handbook of Formats, 2020.
e) Details of the lawyer appointed by the HCLSC/
SCLSC must be duly noted in the register/database
maintained at the PLAC.
f) Regular interaction and communication between
the counsel and the client/ convict must be ensured
by SCLSC, HCLSC, DLSA and SLSA in order to
update the beneficiary as to the progress of the case.
Where the prisoners complain of lack of interaction
with lawyer assigned by HCLSC/SCLSC, the DLSA
shall intimate the same to the HCLSC/SCLSC at
the earliest.
g) The PLV shall provide updates to the prisoner on
progress in his/her case. Information may be sourced
directly from the HCLSC/SCLSC or through the
relevant Court websites.
h) DLSA may undertake to jointly conduct camps with
HCLSC/SCLSC to apprise prisoners of the various
remedies in law for bail/appeal/review/revision as
well as writ remedies.”
NALSA has also adopted methods to strengthen the monitoring of
PLACs and to review their functioning.
Statistical Data
15. NALSA has stated that as per the information received from the
SLSAs, there are a total of 1265 Jails (including sub jails and women
jails), 1256 PLACs and 6663 Jail Visiting Lawyers. As of 2023-24,
NALSA has interacted with 4,56,798 inmates and provided legal
assistance to 3,24,867 inmates. Further, as of June, 2024, 880 appeals
of convicts have been filed in the Sessions Courts, 1,593 appeals
in the High Courts and as on date (that is up to 04.09.2024), 1309
convicts have been able to file special leave petitions in this Court.
[2024] 10 S.C.R. 1785
Suhas Chakma v. Union of India & Ors.
Legal Aid Defense Counsel System
16. A pioneering measure adopted by NALSA since the year 2021-22 is
the introduction of the Legal Aid Defense Counsel System with a view
to strengthen and professionalize legal services delivered. At present,
as per the report, around 611 of the 703 districts in the country have
the Legal Aid Defense Counsel System in place. Just as there is
a prosecuting office for the prosecution, this is an institutionalized
method of providing defense counsel assistance in legal aid matters.
The Legal Aid Defense Counsel System includes dedicated,
full-time experienced lawyers to represent the accused. The lawyers
exclusively deal with criminal legal aid cases ensuring effective and
efficient representation, timely and effective client consultations,
effective monitoring of legal aid cases, professional management of
legal aid work in criminal matters and enhance responsiveness to the
litigant. The modified Legal Aid Defense Counsel System Scheme
of 2022 provides for the selection process of the Legal Aid Defense
Counsels (LADCs), the number of human resources to be engaged,
the infrastructural requirements, essential qualifications and the
role of legal services institutions. The objective of the scheme is to
(a) Provide qualitative and competent legal services in criminal matters
to all eligible persons (b) To manage and implement legal aid system
in a professional manner in criminal matters. As of 31.03.2024, the
following are the statistics with regard to the number of Chief Legal
Aid Counsels, number of Deputy Chief Legal Aid Counsels and the
number of Assistant Legal Aid Counsels.
“Till 31.03.2024, Office of LADC was set up in 611 districts across
India.
Category of LADC Human Resource
No. of Chief Legal Aid Counsels 500
No. of Deputy Chief Legal Aid Counsels 713
No. of Assistant Legal Aid Counsels 1193
Total No. of Legal Aid Defence Counsels 2406
Special Campaign for Prisoners
17. The report indicates that NALSA has time and again undertaken
special campaigns for prisoners to ensure timely access after
1786 [2024] 10 S.C.R.
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recognizing the unique challenges faced by the convicts in accessing
justice. The objectives of the Campaign are to
(a) Secure appellate rights of the convicts;
(b) Ensuring that incarceration does not go beyond the period of
their imprisonment or after remission;
(c) To secure parole/furlough and remission rights of the convicts.
To fully ensure the appellate rights of the convicts, NALSA with
the assistance of the DLSA, collects data of each of the convicts
from (i) Jail authorities (ii) Courts (iii) High Court Legal Services
Committee (iv) Supreme Court Legal Services Committee.
Steps are taken to ensure the communication of the status of the
appeal filed and the next date of hearing; follow up with regard to the
filing of appeals by the legal aid committee and the assigned counsel.
18. After collection of data, the following categorization is made:
“• Convicts who are not willing to file appeals/SLPs.
• Convicts who have already filed appeals/SLPs through
private lawyers.
• Convicts who have not at all filed appeals/SLPs but want
to file appeal/SLPs through Legal Services Institutions.
• Convicts who have sought legal aid for filing appeals/
SLPs but their appeals/SLPs have not been filed due to
lack of documents or other reasons.
• Convicts whose appeals/SLPs have been filed through
legal services authorities but they are not aware about
the name of their lawyers and the status of their appeals.
• Convicts who have moved bail applications through Legal
Services Institutions (LSIs) but are not aware about the
status of applications.
• Convicts who want to get their matter processed for
parole/furlough/remission etc. but are not aware of the
processes, and require drafting of applications for it.”
Awareness
19. The most important task in any legal service is spreading of its
awareness to the needy. The status report of NALSA indicates that
[2024] 10 S.C.R. 1787
Suhas Chakma v. Union of India & Ors.
convicts were made aware about the availability of free legal services,
availability of the right to file Appeals/SLPs and the process of filing
the same. This guarantees and effectuates Article 21 inasmuch as
for the convict in custody too, who is virtually incommunicado with
the outside world, is positively made aware about his rights in the
nature of the existence of a right of appeal and the facility available
for availing free legal services. This brings into full play Section 341 of
the Bhartiya Nagarik Suraksha Sanhita, 2023, which reads as under:-
341. Legal aid to accused at State expense in certain
cases.–
(1) Where, in a trial or appeal before a Court, the
accused is not represented by an advocate, and
where it appears to the Court that the accused has
not sufficient means to engage an advocate, the
Court shall assign an advocate for his defence at
the expense of the State.
(2) The High Court may, with the previous approval of
the State Government, make rules providing for—
(a) the mode of selecting advocates for defence
under sub-section (1); (b) the facilities to be allowed
to such advocates by the Courts; (c) the fees payable
to such advocates by the Government, and generally,
for carrying out the purposes of sub-section (1).
(3) The State Government may, by notification, direct
that, as from such date as may be specified in the
notification, the provisions of sub-sections (1) and
(2) shall apply in relation to any class of trials before
other Courts in the State as they apply in relation to
trials before Courts of Session.”
Compilation and Translation of Documents.
20. NALSA report states that steps are being taken to ensure that
necessary documents are collected along with the custody
certificate and vakalatnama. Translation, interrogation through video
conferencing and drafting of applications are also arranged by NALSA.
21. We are satisfied that insofar as provision of legal services are
concerned, NALSA with the effective coordination of the SLSAs
1788 [2024] 10 S.C.R.
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and DLSAs and assisting agencies are rendering yeomen service to
realize the constitutional goal of Article 39-A. They are also striving
hard for the effective implementation of the provisions of the Legal
Services Authorities Act, 1987.
SOP- For (Under Trial Review Committees (UTRCs).
22. While NALSA SOP-2022 dealt with the provisions of legal aid
services to the prisoners, NALSA has a separate Standard Operating
Procedure for the smooth functioning of the Under Trial Review
Committees (UTRCs). This is to ensure that prisoners covered under
the following 14 categories, as directed by this Court, are released
from jail without delay. The 14 categories of Undertrial Prisoners and
the directions are as under:-
“3.3.1 In case UTPs covered under Section 436A
Cr.P.C.:
UTRC may recommend to concerned trial court to take
up the matter and consider him/her for release on bail if
there are no special reasons to deny bail, with or without
sureties.
3.3.2 UTPs released on bail by the court, but have not
been able to furnish sureties:
The UTRC may recommend the trial court to examine the
reason why the accused is not furnishing surety/ bail bonds
and if he/she is unable to do so due to poverty, then the
trial court may consider reducing the bail amount on the
application of the lawyer under S.440, CrPC or release
on personal bond.
3.3.3 UTPs accused of compoundable offences:
The UTRC may recommend to the trial court to consider if
the offence can be compounded between the complainant
and the accused as per law.
3.3.4 UTPs eligible under Section 436 of Cr.P.C.:
The UTRC may recommend to the trial court to consider
releasing such an accused on personal bond in case he is
unable to furnish bail bond within seven days of bail order.
[2024] 10 S.C.R. 1789
Suhas Chakma v. Union of India & Ors.
3.3.5 UTPs who may be covered under Section 3 of
the Probation of Offenders Act, namely accused of
offence under Sections 379, 380, 381, 404, 420 IPC
or alleged to be an offence not more than 2 years
imprisonment:
The UTRC may recommend to the trial court to consider
invoking of Probation of Offenders Act in fit cases as also
plea bargaining in appropriate cases.
3.3.6 Convicts who have undergone their sentence or
are entitled to release because of remission granted
to them:
The UTRC may examine the reason for non-release of
the convict and the Officer in-charge of prison may be
recommended to look into the matter so that the convict
is released as soon as possible.
3.3.7 UTPs become eligible to be released on bail
under Section 167(2)(a)(i) & (ii) of the Code read with
Section 36A of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (where persons accused of
Section 19 or Section 24 or Section 27A or for offences
involving commercial quantity) and where investigation
is not completed in 60/90/180 days:
The UTRC may recommend to the trial court to consider
release of the accused in cases where chargesheet is not
submitted within the statutory time frame.
3.3.8 UTPs who are imprisoned for offences which
carry a maximum punishment of 2 years:
The UTRC may recommend to the trial court to consider
releasing of the UTP on bail in such cases.
3.3.9 UTPs who are detained under Chapter VIII of
the Cr.P.C. i.e. under Sections 107, 108, 109 and 151
of Cr.P.C.:
The Executive Magistrate/ District Magistrate court may
be recommended to release/discharge such persons with
or without conditions or to make an order reducing the
1790 [2024] 10 S.C.R.
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amount of the security or the number of sureties or the
time for which security has been required.
3.3.10 UTPs who are sick or infirm and require
specialized medical treatment:
The UTRC may examine the medical condition of the
inmate and if it is found that the inmate is very sick and
specialized treatment is essential for survival, then the
UTRC may recommend the trial court to consider granting
bail on medical ground, as provided under S.437, CrPC,
even for temporary period.
3.3.11 UTPs women offenders:
Women under trial prisoners who are not accused of
serious offences may be considered for release on
bail under S.437, CrPC, especially they are first time
offenders by the concerned trial courts. The UTRC may
also recommend suitable measures under the directions
of the Hon’ble Court in R. D. Upadhyay vs State of A.P.
& Ors. (AIR 2006 SC 1946).
3.3.12 UTPs who are first time offenders between the
ages 19 and 21 years and in custody for the offence
punishable with less than 7 years of imprisonment and
have suffered at least 1/4th of the maximum sentence
possible:
The UTRC may request the trial court to consider
granting bail to such young offenders. If the person is
found guilty in the course of trial, benefit of S.3 or S.4
of the Probation of Offenders Act, 1958, may be given
to the accused.
3.3.13 UTPs who are of unsound mind and must be
dealt with Chapter XXV of the Code:
UTRC may recommend the trial court to take appropriate
steps in accordance with Chapter XXV of the Code and
provide adequate treatment to such inmates.
3.3.14 UTPs eligible for release under Section 437(6) of
Cr.P.C., wherein in a case triable by a Magistrate, the
[2024] 10 S.C.R. 1791
Suhas Chakma v. Union of India & Ors.
trial of a person accused of any non-bailable offence
has not been concluded within a period of 60 days
from the first date fixed for taking evidence in the case:
UTRC may request the trial court to consider granting bail
to such UTPs under Section 437(6) of Cr.P.C.
23. The Under Trial Review Committee meetings have resulted in the
recommendation for release of 3,13,888 prisoners and the actual
release of 1,52,570 prisoners across India. Acknowledging that there
could be unintended lapses in the identification of prisoners, NALSA
has taken corrective steps. NALSA also acknowledges the huge
gap between the total number of persons identified and number of
persons recommended for release and further the difference in the
number of inmates recommended for release and the number of bail
applications filed on their behalf. NALSA acknowledges that there has
been continued detention of persons even when they are eligible for
statutory bail under Sections 436A, 436, 167(2) CrPC, the continued
detention of persons with mental illness despite statutory safeguards;
the continued arrest and detention of persons under offences carrying
less than 7 years punishment despite the directives of this Court.
Limited use of liberal bail provisions for women and sick or infirm
persons are some of the reasons, according to NALSA, for large
number of persons continuing to remain behind bars.
Pre-Litigation Assistance
24. One of the important areas where legal aid, was in the initial days
found wanting was in the pre litigation arena. NALSA has risen to
the occasion by introducing “Early Access to Justice at Pre-Arrest,
Arrest and Remand Stage Framework”, under which all DLSAs upon
receiving the intimation of request of the suspect/arrestee to have
free legal assistance during interrogation, shall inform the deputed
lawyer as per the duty roster. The assigned lawyer is to then to go
to the concerned Police Station to provide legal assistance to such
persons. Specific duties have been cast on legal aid lawyers to
challenge the arrests made in violation of the statutory framework or
binding precedents; to move bail application expeditiously and keep
the client informed about their status. More importantly, the legal aid
lawyers have been asked to move applications, wherever necessary,
for modification of bail conditions such as suretyship amount.
1792 [2024] 10 S.C.R.
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25. In a recent case, this Court in Girish Gandhi vs. State of UP, 2024
SCC OnLine SC 2142 had the following to say on how excessive
bail conditions virtually defeats the bail:-
23. From time immemorial, the principle has been that the
excessive bail is no bail. To grant bail and thereafter to
impose excessive and onerous conditions, is to take away
with the left hand, what is given with the right. As to what
is excessive will depend on the facts and circumstances
of each case. In the present case, the petitioner is
experiencing a genuine difficulty in finding multiple sureties.
Sureties are essential to ensure the presence of the
accused, released on bail. At the same time, where the
court is faced with the situation where the accused enlarged
on bail is unable to find sureties, as ordered, in multiple
cases, there is also a need to balance the requirement of
furnishing the sureties with his or her fundamental rights
under Article 21 of the Constitution of India. An order
which would protect the person’s fundamental right under
Article 21 and at the same time guarantee the presence,
would be reasonable and proportionate. As to what such
an order should be, will again depend on the facts and
circumstances of each case. 24. In Satender Kumar Antil
v. Central Bureau of Investigation (2022) 10 SCC 51, this
Court held that “imposing a condition which is impossible of
compliance would be defeating the very object of release.”
26. NALSA Lawyers step in to obtain translated copies of documents
wherever necessary; ensure that in case of a foreign national, the
concerned High Commission is informed and also make submissions
if the suspect/arrestee appears to be a child/juvenile. Statistics
reveal that as of June, 2024, 17,894 suspects have been given legal
assistance at the pre arrest stage at the Police Station. Of them,
7,466 were not arrested. It is set out that 13,747 accused were
provided assistance at the Police Station before producing them in
Courts, 94,875 at the remand stage, 37,929 bail applications were
filed at the remand stage in which 20182 accused were granted
bail. While we commend NALSA for the steps taken, we also direct
that they continue to keep up the momentum and plug the gaps, if
any, which they themselves have fairly identified and placed before
the Court.
[2024] 10 S.C.R. 1793
Suhas Chakma v. Union of India & Ors.
E-Prison Module / E-kiosks in Prisons
27. NALSA has also stated that E-Prison Module for effective monitoring of
cases has been implemented and under the modified E-Prison Module
data regarding orders granting bail, the status of implementation of
orders granting bail and orders of acquittal are uploaded. Similarly,
NALSA has prepared a module called “Inmates Information Access
to Relatives” - whereby the inmates and/or their relatives are able
to access details relating to the prisoners. The prisoner and the
nominated relatives can access the details through E-Kiosks installed
inside the jails. Through these E-Kiosks, the prisoner/relatives can
check the next hearing date, remission period, parole and furlough
application status etc.
28. In an order passed as a chamber judge (one of us), Viswanathan
K.V. J. in Sanjit Saha vs. State of West Bengal, 2023 INSC 1085
made the following suggestion so that the data from prison is available
on a click of a button to courts including this Court. The said Para
is extracted hereinbelow.
“30. The long-term option would be in the digital era to
evolve a mechanism whereby, the Jail authorities are
vested with an obligation to upload on a customised
web portal, the surrender and custody particulars of the
convicts with the corresponding numbers of the Criminal
Appeals/Special Leave Petitions. This will ensure that on
a click of a button, all up to date information are available
for the Court.”
29. NALSA, SLSAs and DLSAs can all help the prison authorities and
the Courts by acting as a bridge in ensuring that the data is fed and
made available to the Court.
Steps taken pursuant to the order of this Court on 09.05.2024
and 17.05.2024
30. Acting on the communication of NALSA and based on the convict
information sheet received from the JVLs, SLSAs have sent their first
quarterly report to NALSA. The following tables have been placed
by NALSA in the report dated 06.09.2024.
The data regarding the legal services provided to prisoners at these
PLACs over the years is as under:
1794 [2024] 10 S.C.R.
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Years 2019-20 2020-21 2021-22 2022-23 2023-24
No. of Prison 1111 1076 1181 1177 1256
Legal Services
Clinics
No. of inmates 369698 162670 259339 350265 456798
interacted with
No. of inmates 297708 143037 218501 264593 324867
provided legal
assistance
The data regarding the legal services provided to convicts for filing
appeals is as under:
Years No. of convicts Number of convicts Number of
whose appeals whose papers/ convicts on
were filed in the applications were whose behalf
Session’s Court sent to the High SLPs were filed
Courts by DLSA’s for through SCLSC
filing appeals (all SLPs)
2021 1283 3181 810
2022 2101 4115 1153
2023 3504 4716 1262
2024 880 (from 1593 (from 1309 (from
01.01.2024 till 01.01.2024 till 01.01.2024 till
31.08.2024) 31.08.2024) 04.09.2024)
The State-wise breakup of total convicts and convicts who filed
appeals are as follows. Mr. Vijay Hansaria, learned Amicus Curiae
has made the analysis and after adding two columns to the chart
filed by NALSA, has placed the following before us:-
State Total Appeals Appeals Percent of
Convicts not filed appeals not
filed
Andhra 1751 1415 336 19%
Pradesh
Arunachal 62 6 56 90%
Pradesh
Assam 2180 2021 159 7%
[2024] 10 S.C.R. 1795
Suhas Chakma v. Union of India & Ors.
Dadra & 0
Nagar Haveli
Daman Diu 0
Chhattisgarh 306 280 26 8%
Goa 52 48 4 2%
Jammu and 131 118 13 10%
Kashmir
Jharkhand 2942 2651 291 10%
Kerala 596 532 64 11%
Lakshadweep 0
Manipur 78 37 41 53%
Meghalaya 308 150 158 51%
Rajasthan 1890 1842 48 3%
Pondicherry 102 9 93 91%
Punjab 3159 2591 568 18%
Telangana 297 243 54 18%
Uttarakhand 1701 1683 18 1%
West Bengal 2454 1561 893 36%
Chandigarh 306 280 26 8%
Gujarat 2740 1937 803 29%
Himachal 869 663 206 24%
Madhya 16813 16149 664 4%
Pradesh
Tripura 285 213 72 25%
Uttar Pradesh 12858 11870 988 8%
Karnataka 2071 1389 682 33%
Mizoram 50 27 23 46%
Maharashtra 2580 1739 841 33%
Ladakh 4 3 1 25%
Bihar 4382 4048 334 8%
Orissa 3048 2820 156 5%
Tamil Nadu 2829 2197 632 22%
Nagaland 42 14 28 67%
Haryana 4366 3600 766 18%
Sikkim NA NA
Total 71,252 62,136 9,044
1796 [2024] 10 S.C.R.
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It has also been mentioned that insofar as the Union Territory of Dadra
and Nagar Haveli is concerned, there was only one sub-jail where
all the prisoners were undertrials. The convicts of the Union Territory
have been sent to the Central Jail of nearby districts in Gujarat.
Insofar as the Union Territory of Daman and Diu was concerned,
the figure was Nil. In the Union Territory of Lakshadweep, no convict
was lodged in its jail as all convicts are transferred to a jail in Kerala,
post-conviction. In Sikkim, the data is still awaited.
31. The learned Amicus has also drawn the attention of this Court to
the judgment of Justice Ajay Bhanot of the Allahabad High Court in
Ramu v. State of U.P., 2024 SCC OnLine All 4618. Learned Amicus
prays that the appeal of the 870 convicts who had expressed their
willingness to file appeals, as recorded in the order of 15.07.2024,
be filed within 4 weeks, if not already filed, and an updated status
report be filed by NALSA giving details of the convicts who have
consented to file the appeals through legal aid. Apart from the above,
learned Amicus had also prayed for a direction that the judgment
in Ramu (Supra) be made applicable to all States throughout the
country.
Reasons given by convicts for not filing appeals
32. NALSA in its report of 06.09.2024 has opined that the convicts who
have not preferred an appeal had adduced the following reasons:-
"i. Convicts were not interested in preferring an appeal
as they were satisfied with the current judgment and
order on sentence;
ii. Convicts had served a substantial part of their
sentence;
iii. Convicts’ appeal was rejected by the High Court and
hence, they didn’t want to file an appeal before the
Supreme Court;
iv. Convicts lacked the financial resources to prefer an
appeal;
v. Convicts wanted to consult their families before
deciding whether or not to prefer an appeal;
vi. Convicts wanted to engage a private counsel;
[2024] 10 S.C.R. 1797
Suhas Chakma v. Union of India & Ors.
vii. Convicts had a fear of enhancement of sentence in
the Appellate proceedings;
viii. Convicts had originally pleaded guilty to the offence
and were hence, not inclined to prefer an appeal;
ix. Convicts had multiple cases pending against them;
X. Convicts were not willing to state any specific reason
for not preferring an appeal; and
xi. Convicts had been recently convicted.”
NALSA has stated that regular interaction is on with the convicts
who have not preferred the appeals and they have been informed
of the availability of free legal aid and the convicts falling in the
categories (i), (x), (xi) are regularly interacting with the JVLs about
their rights. The DLSAs are also conducting monthly inspections
of the PLACs. Periodical reports of the DLSAs are to be submitted
to the SLSAs, and the SLSAs are periodically sending reports to
NALSA. The concern of Mr. Vijay Hansaria, learned Amicus Curie,
is duly addressed by NALSA.
AS WAS SAID:- “LEGAL AID TO POOR SHOULD NOT BE POOR
LEGAL AID”.
33. This Court in Ramanand @ Nandlal Bharti v. State of U.P., 2022
SCC Online SC 1396, while discussing the quality of legal aid, in
para 120, held as under:
“120. It is by far now well-settled for a legal proposition
that it is the duty of the court to see and ensure that an
accused put on a criminal trial is effectively represented
by a defence counsel, and in the event on account of
indigence, poverty or illiteracy or any other disabling
factor, he is not able to engage a counsel of his choice, it
becomes the duty of the court to provide him appropriate
and meaningful legal aid at the State expense. What is
meant by the duty of the State to ensure a fair defence to
an accused is not the employment of a defence counsel
for namesake. It has to be the provision of a counsel
who defends the accused diligently to the best of his
abilities. While the quality of the defence or the caliber
1798 [2024] 10 S.C.R.
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of the counsel would not militate against the guarantee
to a fair trial sanctioned by Articles 21 and 22 resply of
the Constitution, a threshold level of competence and
due diligence in the discharge of his duties as a defence
counsel would certainly be the constitutional guaranteed
expectation. The presence of counsel on record means
effective, genuine and faithful presence and not a mere
farcical, sham or a virtual presence that is illusory, if not
fraudulent.”
Directions: -
34. In view of the above, we dispose of the matter by issuing the following
directions:-
i. While commending the work already done by NALSA, the SLSAs
and the DLSAs, we have no reason to doubt that the Legal
Services Authorities at different levels will continue to work with
the same momentum to achieve the constitutional objectives
and objectives of the Legal Services Authorities Act, 1987.
ii. NALSA in cooperation with the SLSAs and the DLSAs will ensure
that the SOP on Access to Legal Aid Services to prisoners and
functioning of PLACs are operated efficiently in practice. NALSA
will periodically update and improve the measures prescribed
under the SOP-2022 so as to address any of the inadequacies
that may emerge while operating the same at the field level.
iii. The Legal Services Authorities at different levels will adopt
methods to strengthen the monitoring of PLACs and to review
their functioning periodically.
iv. The Legal Services Authorities will periodically update the
statistical data and after analysing the results take steps to
address the shortcomings that may come to light.
v. The Legal Services Authorities, at all levels, should ensure that
the Legal Aid Defence Counsel System, which is a pioneering
measure, functions to its full potential. In this regard, periodic
inspection and audit of the work of the Legal Aid Defence
Counsels should be carried out. Steps should also be taken
to improve the service conditions of the personnel working
[2024] 10 S.C.R. 1799
Suhas Chakma v. Union of India & Ors.
in the Legal Aid Defence Counsel system, whenever it is felt
necessary and appropriate.
vi. For the success of the functioning of the legal aid mechanism,
awareness is the key. A robust mechanism should be put
in place and periodically updated to ensure that the various
beneficial schemes promoted by the Legal Services Authorities
reaches the nook and corner of the nation and particularly, to
those whose grievances it has set out to address. Adequate
literature including in the local languages in the States and
appropriate promotional methods should be launched so that
the consumers of justice to whom the schemes are intended
can make best use of the same.
vii. In this regard, inter alia, the following measures to create
awareness could be undertaken through the length and breadth
of the nation to spread the message of the availability of legal aid:
(a) In public places like police stations, post offices, bus
stands, railway stations etc. boards in prominent places
be displayed furnishing the address for contact and the
phone numbers of the nearest legal aid office. This should
be done in the local language and in English.
(b) Promotional campaigns in the local language be undertaken
through Radio/All India Radio/Doordarshan. This will be in
addition to the promotional measures undertaken through
the digitalization process – like hosting of websites and
prominent mention thereon on the landing page of the
legal services authority wherever permissible.
(c) To create complete awareness about the existence of legal
aid schemes, promotional campaigns may include such
other creative measures including organization of street
corner plays (nukkad natak) in rural areas so that the poor
rural masses comprehend the facility available to them
through the legal aid scheme. These should be undertaken
without dislocating the normal life of citizens. Further, these
measures will not only create awareness about legal aid to
the accused but will also create awareness for the victims
and for those whose civil rights have been infringed.
1800 [2024] 10 S.C.R.
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viii. The Legal Services Authorities will periodically review and
update SOP-2022 for the Undertrial Review Committee [UTRC].
ix. The huge gap between total number of persons identified by
the UTRC and the number of persons recommended for release
should be looked into and adequate corrective measures be
taken. Similarly, the difference between the number of prisoners/
inmates recommended for release and the number of bail
applications filed should be particularly looked into by NALSA/
SLSAs/DLSAs and adequate corrective measures taken.
x. The “Early Access to Justice at Pre-arrest, Arrest and Remand
Stage Framework” established by NALSA for pre-litigation
assistance should be diligently pursued and the work undertaken
under the framework be periodically reviewed.
xi. 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.
xii. Periodic interaction should be held with Jail Visiting Lawyers
(JVLs) and Para Legal Volunteers (PLVs). This is to ensure
updation of their knowledge so that the system functions
efficiently as a whole.
xiii. Steps for continuing education of lawyers involved in pre-litigation
assistance and those associated with the Legal Aid Defence
Counsel set-up should be provided by Legal Services Authorities.
Apart from this, it should also be ensured that adequate law
books and access to online libraries are available to lawyers
engaged at the pre-litigation assistance stage and those involved
with the Legal Defence Counsel set-up.
xiv. Periodic reports should be submitted by the DLSAs to the SLSAs
and the SLSAs to the NALSA, if not already done. NALSA
should digitise the whole process whereby at the central level
NALSA can, on the click of a button, get details of the updates
done by SLSAs and DLSAs on regular basis.
xv. The Union of India and the State Governments shall continue to
extend their cooperation and assistance to the Legal Services
Authorities at different levels for the effective implementation
of the measures taken by them.
[2024] 10 S.C.R. 1801
Suhas Chakma v. Union of India & Ors.
xvi. We direct the Registry to forward a copy of this judgment to all
the High Courts in the country. The High Courts may consider
the feasibility of issuing a practice direction to the effect that all
courts including the High Court while furnishing the copy of the
judgment of conviction/dismissal/reversal of acquittal/dismissal
of bail applications, may append a coversheet to the judgment
informing the convict about the availability of free legal aid
facilities for pursuing higher remedies. The coversheet may
set out the contact address and phone number of the legal
aid committee attached to the court for seeking appropriate
guidance. Similar information may be made available in the
notices issued to the respondents by the concerned courts
in appeals against acquittal. The High Courts may on their
webpage carry information about the legal aid facilities available
in the State.
35. We place on record our appreciation for the assistance rendered by
Mr. Vijay Hansaria, learned Amicus Curiae.
36. We also place on record our appreciation for Ms. Rashmi Nandakumar,
learned counsel for her effective presentation of the case before this
Court and for filing detailed written submissions with the relevant
data. We grant liberty to NALSA to move appropriate applications in
this matter in case any further directions are required in furtherance
of the goals and objectives set out hereinabove.
Result of the case: Directions issued.
†
Headnotes prepared by: Divya Pandey
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