New Delhi [India], October 23 : The Supreme Court on Wednesday issued a slew of directions on free and timely legal aid facilities to prisoners and stressed the need for legal aid and civil rights awareness.
A bench of justices BR Gavai and KV Vishwanathan directed the National Legal Services Authority (NALSA) to work with the State Legal Services Authorities (SLSAs) and the District Legal Services Authorities (DLSAs) to ensure that the SOP on Access to Legal Aid Services to prisoners and the functioning of the Prison Legal Aid Clinics (PLACs) are operated efficiently in practice.
The top court also said that NALSA will periodically update and improve the measures prescribed under the SOP-2022 so as to address any of the inadequacies that may emerge while operating the same at the field level.
The top court order came while hearing the plea by one Suhas Chakma seeking direction to the respondents Union of India, States, and 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. The plea espoused the cause that all persons deprived of their liberty are entitled to be treated with humanity and with respect for the inherent dignity and a prayer was made for creating a permanent mechanism to decongest the overcrowded prisons.
The top court also directed that the Legal Services Authorities at different levels adopt methods to strengthen the monitoring of PLACs and to review their functioning periodically.
"While commending the work already done by NALSA, the SLSAs, and the DLSAs, we have no reason to doubt that the Legal Services Authorities at different levels will continue to work with the same momentum to achieve the constitutional objectives and objectives of the Legal Services Authorities Act, 1987," the top court said.
The Legal Services Authorities will periodically update the statistical data and, after analysing the results, take steps to address the shortcomings that may come to light, the top court said.
The top court also directed that 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. In this regard, periodic inspections and audits of the work of the Legal Aid Defence Counsels should be carried out. Steps should also be taken to improve the service conditions of the personnel working in the Legal Aid Defence Counsel system, whenever it is felt necessary and appropriate, the top court said.
"For the success of the functioning of the legal aid mechanism, awareness is the key. A robust mechanism should be put in place and periodically updated to ensure that the various beneficial schemes promoted by the legal services authorities reach the nook and corner of the nation and, particularly, to those whose grievances it has set out to address. Adequate literature, including in the local languages in the States, and appropriate promotional methods should be launched so that the consumers of justice to whom the schemes are intended can make best use of the same," the top court said.
To create awareness, the top court suggested various measures to spread the message of the availability of legal aid in public places like police stations, post offices, bus stands, railway stations, etc., and to hold promotional campaigns in the local language through Radio/All India Radio/Doordarshan.
"The Legal Services Authorities will periodically review and update SOP-2022 for the Undertrial Review Committee [UTRC]," the top court said.
"The huge gap between the total number of persons identified by the UTRC and the number of persons recommended for release should be looked into and adequate corrective measures 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."
Periodic interaction should be held with Jail Visiting Lawyers (JVLs) and Para Legal Volunteers (PLVs). This is to ensure the updating of their knowledge so that the system functions efficiently as a whole, the top court said.
The top court said that steps for continuing education of lawyers involved in pre-litigation assistance and those associated with the Legal Aid Defence Counsel set-up should be provided by Legal Services Authorities. 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.
The Union of India and the state governments shall continue to extend their cooperation and assistance to the legal services authorities at different levels for the effective implementation of the measures taken by them, the top court said.
Supreme Court also appreciated the assistance rendered by advocate Vijay Hansaria, Amicus Curiae in the matter, and another counsel, Rashmi Nandakumar, for an effective presentation of the case.