Legal aid to the poor should not be poor legal aid, the Supreme Court reiterated on Wednesday while issuing a slew of directions to improve the availability of legal aid to prisoners across India [Suhas Chakma vs Union of India and ors].
A Bench of Justice BR Gavai and Justice KV Viswanathan asked the High Courts to consider issuing practice directions to all courts about informing the convicts about the availability of free legal aid facilities, through their judgments itself.
"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," the Court observed.
The Court also issued several directions to the Legal Services Authorities and called for periodic inspection and audit of the work of the Legal Aid defence lawyers.
"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," it underscored.
The Court also remarked that for the success of the functioning of the legal aid mechanism, awareness is the key.
In this regard, it said following measures to create awareness could be undertaken:
1. 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.
2. 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.
3. 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.
The Court also ordered that the huge gap between total number of persons identified by the Undertrial Review Committee (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," it further directed.
It also called for taking steps toward continuing education of lawyers involved in pre-litigation assistance and those associated with the Legal Aid Defence Counsel set-up.
"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," it added.
The directions were passed in a 2020 public interest litigation (PIL) filed by human rights activist Suhas Chakma regarding the safety of inmates.
Chakma had sought directions to ensure that no prisoner is subjected to torture, cruel, inhumane and degrading treatment or punishment because of overcrowded and unhygienic conditions in jails.
The Court during an earlier hearing had suggested having more open prisons across the country like in Rajasthan. Today's verdict came on the issue of providing free legal aid to jail inmates.
Senior Advocates Vijay Hansaria and K Parameshwar served as Amici Curiae in the matter. Advocate Rashmi Nandakumar appeared for the National Legal Services Authority (NALSA).
[Read Judgment]