It is most vital to note that in a significant step with far reaching consequences, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled Suhas Chakma vs Union of India & Ors in Writ Petition No. 1082 of 2020 and cited in Neutral Citation No.: 2024 INSC 813 that was pronounced as recently as on October 23, 2024 in the exercise of its civil original jurisdiction while affirming the convicted prisoners’ right to legal aid has passed a slew of directions to create awareness about the aspect of free legal aid. It has been held explicitly that in the success of the functioning of the legal aid mechanism, “awareness is the key”. It was very rightly held that a robust mechanism needs to be put in place and should be periodically updated to ensure that the various beneficial schemes promoted by the Legal Services Authorities reach the “nook and corner of the nation”.
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice KV Viswanathan for a Bench of Apex Court comprising of Hon’ble Mr Justice BR Gavai and himself sets the ball in motion by first and foremost putting forth in para 1 that, “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 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.”
To put things in perspective, the Bench envisages in para 2 that, “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.”
As it turned out, the Bench enunciates in para 3 that, “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.”
Far most significantly, the Bench then encapsulates in para 34 what constitutes the cornerstone of this notable judgment by issuing the following directions:-
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 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.
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.
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.”
Finally, the Bench then concludes by holding in para 36 that, “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.”
In conclusion, it is definitely in the fitness of things that these most commendable directions that have been issued so sagaciously by the Apex Court to create awareness about free legal aid and to inform convict of their right to appeal must be implemented at the earliest. These directions directly concerns the prisoners and so also the undertrials and so it brooks no more delay any longer! No denying or disputing it!
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