LexSUHAS CHAKMA versus UNION OF INDIA & ORS.
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[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 1770 [2024] 10 S.C.R. Digital Supreme Court Reports 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 S
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