Supreme Court judge says NALSA provides 5-star stay to judges but has no funds for poor litigants

Conferences organised by National Legal Services Authority (NALSA) often provide five star accommodation for judges though such an institution has been established primarily to render free legal aid to the marginalized and poor, Supreme Court judge Dipankar Datta lamented on Tuesday.

Speaking at the AK Sen memorial lecture panel discussion, Justice Datta reflected on a case he dealt with in Calcutta High Court as a judge and how legal services bodies had argued that it "did not have funds" to help cover the accommodation and travel expenses of a poor litigant seeking to defend his case before the Supreme Court.

"A litigant who filed a writ in the High Court stated why would the legal services authority not bear his travel and accommodation expenses. I then found legal services included services of any kind and I ruled that legal services were to bring equality for the marginalized and if it does not realise the true purpose then it would be a mirage. That a person who did not have money could not go to Delhi. This case was one of a kind and I had opposition from everywhere - State Legal Services Authority, NALSA, Supreme Court Legal Services Authority. I was told they do not have funds," said the judge.

But NALSA conferences paint a completely different picture and judges invited to such conferences and provided accommodation in 5-star hotels, Justice Datta stated.

"Now 10 years down the line, when I attend NALSA conferences, I find "oh my God where does the money come from". Five to six judges of High courts are invited, we are accommodated in 5-star hotels. Is this the purpose for which Legal Services Authority Act was enacted and is this purpose of rendering free legal aid," he asked.

Justice Datta also opined that the High Court legal services body should be headed by a judge who is not just the senior most judge at the High Court but also one who has a reasonable tenure at the High court so as to ensure "continuity" in the administration of the body.

"It is either senior most pusine judge or second senior most who becomes executive member of such bodies. But such judges get elevated very soon. So my suggestion is to have judges who are fairly senior as executive members and can be there in the parent High Court for 3 years at least else there is no continuity," said the judge.

Former Supreme Court judge Justice Indira Banerjee and Senior Advocates Mahesh Jethamalani and Sanjiv Sen also took part in the panel discussion.

The session was moderated by Vidhi Centre for Legal Policy's Arghya Sengupta.