Delhi High Court expunges observations against Legal Services Committee

The Delhi High Court has expunged its recent criticism of Delhi High Court Legal Services Committee (DHCLSC)'s alleged failure to provide legal assistance to a financially poor litigant despite multiple requests [Atlas Logistic Pvt Ltd v Jitendra Kumar]. .Justice Chandra Dhari Singh passed the order after the DHCLSC moved an application stating that non-appearance of the legal aid counsel appointed for the litigant was not on account of any lapse by the Committee but on account of his own non-communication with the counsel. In an order passed on May 14, the Court removed paragraphs 7 and 8 of the order passed by it on May 3.“Upon perusal of the contents of the affidavit filed by the Secretary, DHCLSC, captioned application, the submissions advanced by the learned senior counsel appearing on behalf of the DHCLSC, and no-objection on behalf of Mr. Jitendra Kumar, respondent in person, this Court is of the considerate view that the explanation provided by way of an affidavit dated 8th May, 2024 is satisfactory and thus the present application may be allowed. Accordingly, the captioned application is allowed and the paragraph nos. 7 & 8 of the order dated 3rd May, 2024 are expunged and the order shall now be read without the said paragraphs,” the Court ordered..On May 3, the High Court had criticised the DHCLSC after Kumar alleged that despite sending two letters for legal assistance, he had not received any response. "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 had then said.The DHCLSC then moved an application for recall of two paragraphs of the order dated May 3..The Court was told that Kumar was telephonically informed about the appointment of the panel counsel and even asked to collect the appointment letter.However, he did not collect the same despite being aware of practice, as he had collected the letter on an earlier occasion and contacted the erstwhile counsel Vaibhav Kalra, a panel counsel, appointed by the Committee on earlier, the Court was told.The Bench considered the submissions and expunged paragraphs seven and eight from its order of May 3..Senior Advocate N Hariharan along with advocates Nandita Rao, Punya Rekha Angara and Mueed Shah appeared for the Delhi High Court Legal Services Committee. Advocate Gaurav Pandey represented respondent Jitendra Kumar..[Read Order]