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Constitutional · Reportable judgment

Suhas Chakma vs Union of India & Ors.

Court
Supreme Court of India
Date
23 October 2024
Case No.
Writ Petition (C) No. 1082 of 2020
Bench
Bhushan Ramkrishna Gavai, K.V. Viswanathan
Citation
[2024] 10 S.C.R. 1769 : 2024 INSC 813
Acts & Sections
Constitution Legal Services Authorities Act, 1987 Bhartiya Nagarik Suraksha Sanhita, 2023
Supreme Court Reports [2024] 10 S.C.R. 1769 : 2024 INSC 813
Issue for consideration
Access to free and timely legal aid for prison inmates.
Headnote

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:

Read the full headnote (1 more paragraph)

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; 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]

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

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

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 entitled to be treated with humanity, and with respect for the inherent dignity a
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