SHEELA BARSE versus STATE OF MAHARASHTRA

Citation: [1983] 2 S.C.R. 337 · Decided: 15-02-1983 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Disposed off

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

. 
SHEELA BARSE 
v. 
STATE .OF MAHARASHTRA 
February 15, 1983 
[P.N, BHAGWATI, R.S. PATHAK AND 
AMARENDRA NATH SEN, JJ.J 
337 
Legal Aid to the poor-Importance of legal aid to the poor eXplained-
Directions given to Prison authorities and police on providing legal aid to the 
poor prisoners. 
The petitioner, a journalist, in her letter addressed to this Court stated 
that five out of fifteen women prisoners in_terviewed by her in the Bombay 
Central Jail alleged that they had been assaulted by the police in the police 
lock up and two of them in particular alleged that they had been assaulted and 
tortured in the lock up. Treating the letter as a writ petition the Court issued 
notices to all concerned to show cause why the writ petition should not be 
aUowed. In the meanwhile the Director of the College of Social fWork, 
Nirmala Niketan, Bombay was directed to interview the women prisoners 
without any one else being present and ascertain whether rhe allegations made 
to the '·petitioner were correct. 
The Director, in her report, ~stated among 
other .things that there was no adequate <).rrangement for providing legal 
assistance to women 
prisoners and that two prisoners who -were foreign 
nationals complained that 
a lawyer 
duped 
and 
~defrauded tltem and 
misappropriated almost half of their belongings and jewellery on the plea that he 
was retaining them for payment of his fees. 
Disposing of the pet!tion the court gave the following directions : 
Legal assistance to a poor or indigent accuse.d, arrested and put in 
jeopardy of his life or personal liberty, is a constitutional imperative mandated 
not only by Art. 39A but also by Articles 14 and 21 of the Constitution. 
It is a 
necessary sine qua non of justice and where it is not provided, injustice is likely 
to result and every act of injustice c~rrodes the foundations of democracy and 
rule of Jaw. It is possible that a prisoner lodged in a jail does not know to 
whom he can turn for help to indicate his innocence or defend his constitutional 
or legal rights or to protect himself against torture and ill~treatment, oppression 
and harassment at the hands of his custodians. It is also possible tha~ he or 
the members of his family may have other problems where legal assistance is 
required but by reason of his being" incarcerated. it may be difficult if not 
impossible for him or the members of his family to obtain proper legal advice or 
aid. It is therefore essential that legal assistance must be made available to 
prisone1s injails wb~tber tbe1 be u0d•r·tri!lls or convicted prisoners. 
[341 F·H, 342 A-CJ 
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A 
B 
c 
D 
E 
F 
G 
H 
A 
c 
D 
B 
338 
SUPREME COURT REPORTS 
(1983) 2 s.c.R. 
The Inspector General of Prisons in Maharashtra should issue a circular 
to all Superintendents of Jails in Maharashtra requiring tbem to send to the 
Legal Aid Committee of each district in which the jail is situated : (i) a list of 
all under-trial prisoners ~~giving the date of entry, the nature of the offence 
showing separately male and female prisoners and (ii) a list giving the parti-
culars of persons arrested on suspicion under s. 41 of the Code of Criminal 
Procedure who have been in jail be)'ond a period of 15 diiys. 
The Circular 
should also contain directions; (i) 1:0 pr0viJe fa;ilities to lawyers nominated by 
the concerned district Legal Aid Committee to enter the jail aad to interview the 
prisoners who have expressed their desire to have their assistance ; (ii) to furnish 
to the lawyers nominated by the Legal Aid Ccmmittee whatever information 
is required by them in regard to th': prisoners in jail ; (iii) to put up notices at 
prominent places in the jail that lawyers nominated by the concerned District 
Legal Aid Committee would be visiting the jail on particular "days and that 
prisoners who wanted their aisist1nc:: CLJ1.lld avail of their counselling services; 
(iv) to allow any prisoallir to meet su:h lawyers. Such interview should be within 
sight but out of hearing of any jail official. [343 D-E, G-H, 344 A-DJ 
The Maharashtra State Board· of Legal Aid should advbe and instruct 
the District Legal Aid Committees to nominate a few selected lawyers to visit 
the jail or jails in the district once in a fortnight to ascertain whether the Jaw 
laid down by this Court and the fligh Court in this respect is being properly 
and effectively implemented and to interview the prisoners who express thefr 
desire to obtain legal assistance. The State Board

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