Legal aid NALSA with effective coordination of others rendering yeomen service says SC

New Delhi, Oct 23 (PTI) The Supreme Court on Wednesday said the National Legal Services Authority (NALSA), with effective coordination of other agencies, is rendering "yeoman service" to realise the constitutional goal of equal justice and free legal aid.
    The apex court, which passed a slew of directions on the aspect of access to free legal aid for prison inmates, observed that NALSA and other agencies are also striving hard for the effective implementation of the provisions of the Legal Services Authorities Act, 1987.
    A bench of Justices B R Gavai and K V Viswanathan noted that as of 2023-24, NALSA has interacted with 4,56,798 inmates and provided legal assistance to 3,24,867.
    It further noted that as of June this year, 880 appeals of convicts have been filed in the sessions courts and 1,593 appeals in the high courts, and as of September 4, 1,309 convicts have been able to file special leave petitions (SLPs) in the apex court.
    The top court said a pioneering measure adopted by NALSA since 2021-22 is the introduction of legal aid defence counsel system with a view to strengthen and professionalise legal services delivered.
    The bench said NALSA's status report indicates that convicts were made aware of the availability of free legal services, availability of the right to file appeals or SLPs and the process of filing the same.
    "We are satisfied that insofar as the provision of legal services is concerned, NALSA with the effective coordination of the SLSAs (state legal services authorities) and DLSAs (district legal services authorities) and assisting agencies are rendering yeoman service to realise the constitutional goal of Article 39-A," it said.
    Article 39-A of the Constitution deals with equal justice and free legal aid.
    The court said NALSA has a separate standard operating procedure for the smooth functioning of the Under Trial Review Committees (UTRC).
    Set up in every district, the committees deliberate and recommend the release of undertrial prisoners and convicts who have undergone their sentences or are entitled to be released from jail on bail or remission granted to them.
    The bench noted that UTRC meetings have resulted in the recommendation for the release of 3,13,888 prisoners and the actual release of 1,52,570 prisoners across India.
    "Acknowledging that there could be unintended lapses in the identification of prisoners, NALSA has taken corrective steps," it 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 be taken," the bench said.
    Dealing with the issue of pre-litigation assistance, the bench said statistics reveal that as of June this year, 17,894 suspects have been given legal assistance at
the pre-arrest stage at police stations.
    "Of them, 7,466 were not arrested. It is set out that 13,747 accused were provided assistance at the police station before producing them in courts, 94,875 at the
remand stage, 37,929 bail applications were filed at the remand stage in which 20,182 accused were granted bail," it noted.
    "While we commend NALSA for the steps taken, we also direct that they continue to keep up the momentum and plug the gaps, if any, which they themselves have fairly identified and placed before the court," the bench said.
    It directed that steps for continuing the education of lawyers involved in pre-litigation assistance and those associated with the legal aid defence counsel setup should be provided by legal services authorities.
    The bench delivered its verdict on a plea seeking directions to ensure that no prisoner was subjected to torture, inhumane and degrading treatment or punishment because of living in overcrowded and unhygienic conditions in jail.
    It said the issue of open correctional institutions will be heard and considered separately by the court.

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