BRIJESH KUMAR versus STATE OF UTTAR PRADESH, THROUGH ITS SECRETARY

Citation: [2021] 2 S.C.R. 995 · Decided: 22-03-2021 · Supreme Court of India · Bench: MOHAN M. SHANTANAGOUDAR · Disposal: Directions issued

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Judgment (excerpt)

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BRIJESH KUMAR
v.
STATE OF UTTAR PRADESH, THROUGH ITS SECRETARY
(Special Leave Petition (Criminal) No.773 of 2020)
MARCH 22, 2021
[MOHAN M. SHANTANAGOUDAR AND
AJAY RASTOGI, JJ.]
Legal Services Authorities Act, 1987 – Counsel for the
Petitioner in this matter was appointed as amicus curiae for the
Petitioner – He brought attention to the Court that in this, as well as
other matters he was appointed as amicus curiae, he was only
provided with the copies of the impugned judgment and the trial
Court judgment preceding it, severely hampering effective
representation – Held: This, from the frequent grievances raised by
advocates appearing, seems to be reflective of a general practice,
particularly in criminal matters – This practice only serves to
handicap those advocates who seek to do a commendable service
to the legal institutions by offering themselves as legal aid lawyers
and amicus curiae for the cause of those otherwise unrepresented
– In the absence of being provided with the full record of a particular
matter, the promise of “free and competent legal services” made by
the 1987 Act can only remain unfulfilled for those in the greatest
need for justice and representation – For better and more effective
legal representation, following directions are issued: a) The
Secretary, National Legal Services Authority shall, with immediate
effect, instruct all concerned authorities under the 1987 Act to make
available all documents (along with official translations) pertaining
to a matter to the concerned legal aid counsel; b) The Supreme
Court Legal Services Committee, and all the High Court and Taluk
Legal Services Committees are also instructed to ensure that the
legal aid counsel is provided all relevant records of the matter (along
with official translations of any documents in vernacular language);
c) By way of ample caution, this Court also clarifies that these
documents would include, but are not limited to, pleadings, affidavits,
applications filed in civil proceedings; and the First Information
Report, Charge Sheet and annexed documents including witness
[2021] 2 S.C.R. 995
995
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SUPREME COURT REPORTS
[2021] 2 S.C.R.
statements, record of the trial proceedings, testimonies, and exhibits
brought on record in criminal proceedings.
Rakesh v. State of Madhya Pradesh, (2011) 12 SCC
513; Shaik Mukthar & anr. v. State of Andhra Pradesh,
(2020) SCC OnLine SC 1091 – referred to.
Case Law Reference
(2011) 12 SCC 513
referred to
Para 6
CRIMINAL APPELLATE JURISDICTION: Special Leave
Petition (Criminal) No.773 of 2020
From the Judgment and Order dated 29.08.2018 of the High Court
of Judicature at Allahabad in Jail Appeal No.3220 of 2011.
Gagan Gupta, Adv. for the Appellant.
The Order of the Court was passed by
MOHAN M. SHANTANAGOUDAR, J.
On merits, we have heard the learned amicus curiae on the matter
and gone through the material on record.  The Trial Court as well as the
High Court have gone into, in detail, and meticulously examined material
on record, and came to the conclusion that the Petitioner be convicted.
The Petitioner is a habitual offender. He is involved in robbery, murder
cases, etc. We have also gone through the material on record and we do
not find any ground to interfere in the impugned judgments.  Hence, the
Special Leave Petition fails and is dismissed.
2. However, before parting with the matter, we want to make
certain observations based on the submissions repeatedly made by the
learned advocate representing the Legal Services Authority both in civil
and criminal matters. Generally, reputed advocates are being appointed
as advocates for the Legal Services Authority or amicus curiae. They
feel handicapped as they are not making any grievance against the
Authority except the grievance that they are not provided with necessary
assistance to effectively represent the matter. In this context, we want
to make certain observations as under:-
3.  The right to legal representation sits at the core of not only the
right to life and liberty conferred by Article 21 of the Constitution, but at
the very foundation of the entirety of our justice system, be it civil or
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criminal. For this right to be meaningful, it is imperative that it does not
make distinctions between the rich and the poor, the haves and have-
nots. The right to legal representation, as necessitated by the demands
of justice and equity, must be unfazed by the economic class or financial
resources of 

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