Why Delhi High Court criticised Legal Services Committee

The Delhi High Court recently criticised the Delhi High Court Legal Services Committee (DHCLSC) over its failure to provide legal assistance to a financially backward litigant despite multiple requests by him [Atlas Logistic Pvt Ltd v Jitendra Kumar]..Justice Chandra Dhari Singh was told that the litigant had sent two letters to the DHCLSC seeking free legal assistance, to no avail. On May 3, the Court sought an explanation from DHCLSC as to why the litigant's requests were not answered. "It is a lamentable that DHCLSC has miserably failed in discharging its primary duty of providing counsel/legal assistance to the poor litigant. Hence, the DHCLSC, instead of providing opportunities for securing justice to the poor litigants, has acted as an impediment," the Court added..The Committee's lapse was noted after the litigant (a respondent) appeared in person during the May 3 hearing to oppose an adjournment request by the opposite party's counsel.The litigant told the Court that he had been contesting the case since 2016 while opposing the adjournment sought by the rival party (petitioner). The Court, in turn, interacted with the litigant and asked him whether he wished to avail legal assistance from a lawyer appointed by the DHCLSC.In response, the litigant told the Court that he had written two letters (one in October 2023 and one in March 2024) to the DHCLSC requesting legal aid since he could not afford to hire a private lawyer. Despite this, no legal counsel was provided by the Committee, the Court was told. Oral requests for a lawyer were also made to the Committee to no avail. The Court, therefore, took the initiative to appoint Advocate Gaurav Kumar Pandey as a counsel for the litigant, while directing the DHSLSC to pay the lawyer's fees. The Court also asked the DHCLSC to explain why it failed to appoint a lawyer for the litigant, despite his requests. "In view of the above facts, this Court has left with no option but to call for the affidavit from the Secretary, DHCLSC explaining therein as to why despite two letters submitted by the poor litigant i.e. the respondent herein which is also duly received by the DHCLSC, the legal aid had not been provided to the respondent. Let an affidavit be filed within ten days regarding the same by the Secretary, DHCLSC," the Court ordered. .The Court further noted that Legal Service Authorities were established to ensure that all the under-represented citizens of the country are provided free legal aid."It plays a significant role in providing access to justice in cases where the litigant due to any economic or financial hardship is not able to access justice. Therefore, if any aid/ help is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall promptly take action," the Court emphasised..The case which prompted this discussion will be heard next on May 6.Advocate Sugam Mishra appeared for the petitioner, Atlas Logistics Private Limited. The respondent who appeared in person was one Jitendra Kumar. .[Read Order]