Around 870 convicts in 18 states UTs wish to file appeals after being offered legal aid NALSA to SC

New Delhi, Jul 15 (PTI) The National Legal Services Authority (NALSA) on Monday told the Supreme Court that around 870 convicts, lodged in jails in 18 states and Union Territories, wish to file appeals against their convictions after being informed about free legal aid.
     The NALSA told a bench of justices B R Gavai, Sanjay Karol and K V Viswanathan that it received responses from the State Legal Service Authorities (SLSAs) of these states and UTs after jail visiting lawyers interacted with the convicts regarding legal aid.
     Senior advocate Vijay Hansaria, who is assisting the top court as an amicus curiae in the matter related to overcrowding in jails, said no response has been received from the SLSAs of 16 states/UTs.
     The bench noted the submissions that the NALSA would advise the SLSAs of these 18 states/UTs to take steps for filing appeals in cases of these 870 convicts.
     It posted the matter for further hearing after four weeks.
     "From the responses received by the SLSAs of 18 States/UTs, it is observed that pursuant to the order passed by this court, JVLs (jail visiting lawyers) have interacted with the convicts and approximately 870 convicts now wish to file an appeal," the NALSA told the bench.
     JVLs are appointed by legal services institutions to provide legal advice and draft applications and petitions for inmates inside the jail.
     When the matter was heard by the top court on May 9, Hansaria had circulated a format of a letter to be submitted by the jail visiting lawyers regarding information to convicts on free legal aid.
     During the hearing on Monday, the amicus referred to a note for hearing on behalf of the NALSA on the issue of access to free legal aid.
     The note said the apex court had on May 17 taken on record the modified format circulated by NALSA with respect to the same.
     "Thereafter, NALSA circulated the modified letter to be filled up by JVLs to all State Legal Service Authorities (SLSAs) and directed them to collate the data received by the JVLs and compile the information as per the format prescribed by NALSA," it said.
     The note said that pursuant to the letter sent by NALSA, responses were received from the SLSAs of Andhra Pradesh, Arunachal Pradesh, Dadra and Nagar Haveli, Daman and Diu, Chhattisgarh, Goa, Jammu and Kashmir, Jharkhand, Kerala, Lakshadweep, Manipur, Meghalaya, Rajasthan, Puducherry, Punjab, Telangana, Uttarakhand and West Bengal.
     It said after going through the responses received from SLSAs, it has been observed that in most cases, convicts did not prefer an appeal due to reasons which included -- not preferring an appeal or being satisfied with the current judgment, maximum sentence already undergone or term of the sentence almost completed, lack of financial support and multiple cases pending against the convict.
     It said other reasons for not preferring appeals against conviction include -- convicts wanted to appoint private lawyer, fear of getting the sentence enhanced, convict prisoners admitted to hospital for mental health issues, convicts not willing to express reason for not preferring appeal and recent conviction.
     "Analysing the reasons cited, it is clear that appeals are not filed due to a variety of reasons some of which are valid," it said, adding that there was room for effective legal aid intervention in most of the reasons.
     It said some reasons, like lack of financial support and fear of getting the sentence enhanced, point to a clear lack of understanding and information about the legal process.
     "Once responses from other SLSAs are also received, a clearer picture will emerge of the nature and extent of the issue being considered," the note said.
     While hearing the matter in May, the top court had said that there should be no attempt to reduce the area of open-air prisons functioning in the country.
     Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening. The concept was introduced to assimilate the convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
     The apex court had on May 9 observed that establishing open jails can be one of the solutions to overcrowding and also addressing the issue of rehabilitation of prisoners.

(This story has not been edited by THE WEEK and is auto-generated from PTI)