SUHAS CHAKMA versus UNION OF INDIA & ORS.
[2024] 10 S.C.R. 1769, Supreme Court of India, 2024
Outcome: Directions issued
Segment: Issues
[2024] 10 S.C.R. 1769 : 2024 INSC 813
Suhas Chakma 
v. 
Union of India & Ors.
(Writ Petition (C) No. 1082 of 2020)
23 October 2024
[B.R. Gavai and K.V. Viswanathan,* JJ.]
Issue for Consideration
Access to free and timely legal aid for prison inmates.
Headnotes†
Free Legal Aid – Constitutional and Statutory Framework – 
Constitution of India – Articles 21, 39-A – Equal justice and 
free legal aid – Legal Services Authorities Act, 1987 – ss.3, 
4, 6, 9, 12-15 – Policies and Schemes by NALSA for making 
legal services available, creating awareness about convict’s 
right of appeal, availability of free legal services – Standard 
Operating Procedures (SOP) by NALSA on Access to Legal 
Aid Services to Prisoners and Functioning of the Prison Legal 
Aid Clinics 2022 (SOP-2022); SOP For (Under Trial Review 
Committees (UTRCs); Introduction of the Legal Aid Defense 
Counsel System; Special Campaigns for prisoners to ensure 
timely access to justice; Awareness measures; Compilation, 
Translation of Documents; Pre-Litigation Assistance; E-Prison 
Module/E-kiosks in Prisons for effective monitoring of cases, 
access to case updates – Elucidated – Work done by NALSA, 
SLSAs and DLSAs praised – Directions issued:
Held: NALSA with SLSAs and DLSAs, to ensure efficient 
implementation and periodic updates of the SOP-2022 – Legal 
Services Authorities to strengthen the monitoring of PLACs and 
periodically review their functioning – Legal Services Authorities 
will periodically update and
address shortcomings; ensure full 
implementation of Legal Aid Defence Counsel System; periodically 
review and update SOP-2022 for the UTRC – Awareness crucial 
for legal aid mechanism; robust, regularly updated mechanism to 
be in place by following measures such as boards with legal aid 
contact details be displayed at public places like police stations, 
bus stands, railway stations etc. both in local language and English; 
* Author
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Promotional campaigns through local radio, AIR, TV, and digitally 
by mentioning on websites of the legal services authority; street 
plays in rural areas – Addressing gap between number of persons 
identified by UTRC and those recommended for release; number of 
prisoners recommended for release and number of bail applications 
and taking adequate corrective measures – NALSA’s “Early Access 
to Justice at Pre-arrest, Arrest and Remand Stage Framework” 
for pre-litigation assistance should be diligently pursued and 
periodically reviewed – Legal Service Authorities should periodically 
interact with convicts who had not filed appeals and inform them of 
their right to free legal aid – Periodic interactions with Jail Visiting 
Lawyers (JVLs) and Para Legal Volunteers (PLVs) will ensure 
updation of their knowledge for efficient system functioning – Legal 
Services Authorities should ensure ongoing education for lawyers 
involved in pre-litigation assistance and those associated with 
the Legal Aid Defence Counsel System – DLSAs should submit 
periodic reports to the SLSAs and the SLSAs to the NALSA and 
NALSA should digitize the process for real time updates – Union 
Govt. and State Govts. will continue to support Legal Services 
Authorities for the effective implementation of measures – High 
Courts may consider issuing a practice direction that all courts 
including the High Court may attach a coversheet to the copy of
the judgments and notices issued to the respondents in appeals 
against acquittal, informing the convict about free legal aid for 
higher remedies with address and phone number of the legal aid 
committee – High Courts may display information about the legal 
aid facilities available in the State on their website. [Para 34]
Case Law Cited
Hussainara Khatoon and Others (IV) v. Home Secretary, State of 
Bihar, Patna [1979] 3 SCR 532 : (1980) 1 SCC 98; Khatri and 
Others (2) v. State of Bihar and Others [1981] 3 SCR 145 : (1981) 
1 SCC 627; Suk Das v. Union Territory of Arunachal Pradesh 
[1986] 1 SCR 590 : (1986) 2 SCC 401; Madhav Hayawadanrao 
Hoskot  v. State of Maharashtra [1979] 1 SCR 192 : (1978) 3 
SCC 544; Sunil Batra (II) v. Delhi Administration [1980] 2 SCR 
557 : (1980) 3 SCC 488; Girish Gandhi vs. State of UP [2024] 
8 SCR 561 : 2024 SCC OnLine SC 2142; Sanjit Saha vs. State 
of West Bengal [2023] 15 SCR 83 : 2023 INSC 1085; Ramu v. 
State of U.P. 2024 SCC OnLine All 4618; Ramanand @ Nandlal 
Bharti v. State of U.P. [2022] 5 SCR 162 : 2022 SCC Online SC 
1396 – referred to.
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List of Acts
Constitution of India; Legal Services Authorities Act, 1987; Bhartiya 
Nagarik Suraksha Sanhita, 2023.
List of Keywords
Articles 21, 39-A of the Constitution of India; Access to free legal 
aid for prison inmates; Prisoners; Legal aid facilities; Legal aid 
committee; Equal justice and free legal aid; Timely access to 
justice; Legal Services Authorities; National Legal Services Authority 
(NALSA); State Legal Services Authorities (SLSAs); District Legal 
Services Authorities (DLSAs); Creating awareness about availability 
of free legal services; Standard Operating Procedures (SOP) 
by NALSA on Access to Legal Aid Services to Prisoners and 
Functioning of the Prison Legal Aid Clinics 2022 (SOP-2022); SOP 
For (Under Trial Review Committees (UTRCs); Legal Aid Defense 
Counsel System; Special Campaigns for prisoners; Awareness 
measures; Compilation, Translation of Documents; Pre-Litigation 
Assistance; E-Prison Module/E-kiosks; Promotional campaigns; 
Legal aid mechanism; Legal Aid Defence Counsel Dystem; Jail 
Visiting Lawyers (JVLs); Para Legal Volunteers (PLVs); Legal 
awareness camps; Prison Legal Aid Clinics (PLACs); Jail appeals; 
Higher remedies; Appeals; Appellate rights of the convicts; Right 
of appeal; Facility available for availing free legal services. 
Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition No. 1082 of 2020
(Under Article 32 of The Constitution of India)
Appearances
for Parties
Vijay Hansaria, K. Parameshwar, Sr. Advs./Amicus Curiae,  
Ms. Kavya Jhawar, Ms. Nandini Rai, Ms. Kanti, Ms. Raji Gururaj, 
Shreenivas Patil, Ms. Chitransha Singh Sikarwar, Anuj Kapoor, 
Satish Pandey, Advs. for the Petitioner.
Tushar Mehta, Solicitor General, Suryaprakash V Raju,  
Mrs. Aishwarya Bhati, A.S.Gs., Mrs. Garima Prasad, Sr. A.A.G., 
Shiv Mangal Sharma, Dr. Hemant Gupta, A.A.Gs., Praneet Pranav, 
D.A.G., Nalin Kohli, Sr. Adv., Rajan K Chourasia, Kanu Agrawal, 
Raghav Sharma, Ms. Priyanka Terdal, Arvind Kumar Sharma,  
Ms. Prerna Singh, Guntur Pramod Kumar, Dhruv Yadav, Gautam
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Bhatia, Abhimanyu Tewari, Ms. Eliza Bar, Shuvodeep Roy, 
Deepayan Dutta, Saurabh Tripathi, Ms. Nimisha Menon, Anshul 
Malik, Ms. Shruti Agrawal, Ayuushman Aroraa, Abhishek Pandey, 
Prashant Kumar Umrao, Ms. Swati Ghildiyal, Ms. Devyani Bhatt, 
Ms. Neha Singh, Akshay Girish Ringe, Ms. Inderdeep Kaur 
Raina, Kartikeya Rastogi, Nishe Rajen Shonker, Mrs. Anu K Joy, 
Alim Anvar, Ajith Anto Perumbully, Parth Awasthi, Pashupathi 
Nath Razdan, Kshitiz Singh, Anand Dilip Landge, Siddharth 
Dharmadhikari, Aaditya Aniruddha Pande, Pukhrambam Ramesh 
Kumar, Karun Sharma, Ms. Anupama Ngangom, Ms. Rajkumari 
Divyasana, Anando Mukherjee, Shwetank Singh, Milind Kumar, 
Saurabh Rajpal, Ms. Saubhagya Sundnriyal, Sameer Abhyankar, 
Ayushi Bansal, Aakash Thakur, Aryan Srivastava, Rahul Kumar, 
Sarthak Dora, Sabarish Subramanian, Vishnu Unnikrishnan,  
C. Kranthi Kumar, Sarathraj B, Danish Saifi, Ms. Aswani Satheesh, 
Pradeep Misra, Daleep Dhyani, Sanjay Jain, Suraj Singh, Manan 
Verma, Ms. Ayushi Hatwal, Sanjeev Kaushik, Ms. Astha Sharma, 
Simranjeet Singh Rekhi, Tadimalla Bhaskar Gowtham, Bhuvan 
Kapoor, Varun Chugh, Krishna Kant Dubey, Shreekant Neelappa 
Terdal, Mukesh Kumar Maroria, Ketan Paul, Mayank Pandey,  
Ms. Shivika Mehra, Ishaan Sharma, Sarthak Karol, Ms. Astha 
Singh, Jagdish Chandra Solanki, Ms. Rashmi Nandakumar,  
Ms. Yashmita Pandey, Ms. K. Enatoli Sema, Amit Kumar Singh, 
Ms. Chubalemla Chang, Prang Newmai, Shivang Jain,
Varun Goel, 
Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
K.V. Viswanathan, J.
Brief Facts:
1.	
The present Writ Petition, under Article 32 of the Constitution of 
India, was filed primarily for issuance an appropriate Writ, Order or 
direction directing the respondents Union of India, States and the 
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. It also 
espouses the cause that all persons deprived of their liberty are
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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.
2.	
When the Writ Petition came up for hearing on 22.04.2024, this Court 
appointed Shri Vijay Hansaria, learned Senior Advocate as Amicus 
Curiae. Thereafter, on 09.05.2024, Shri K. Parameshwar, learned 
Senior Advocate (as Amicus Curiae) and Ms. Rashmi Nandakumar, 
learned counsel for the National Legal Services Authority (NALSA) 
were requested to assist the Court alongside the already appointed 
Amicus Curiae. On that day Shri Vijay Hansaria, learned Amicus 
Curiae tendered to Court the format of a letter to be submitted by the 
Jail Visiting Lawyers (JVLs) regarding information to convicts on free 
legal aid. Ms. Rashmi Nandakumar, learned counsel was asked to 
take instructions from NALSA in this regard. Thereafter, in its order 
of 17.05.2024, broadly two issues were identified- one pertaining to 
Open Correctional Institutions and the other with regard to modalities 
for visitation by lawyers in jail so as to ensure free legal aid to the 
deserving prison inmates. On 17.05.2024, Ms. Rashmi Nandakumar, 
learned counsel informed the Court that the format of letter initially 
handed over by the learned Amicus has been slightly modified in 
consultation with NALSA and the said modified letter to be filled by 
the JVLs were taken on
record and approved. 
3.	
By a note submitted by learned counsel - Ms. Rashmi Nandakumar 
on 15.07.2024, it was set out that the letter, as approved in the order 
of 17.05.2024, was circulated by the NALSA to all the State Legal 
Services Authorities (SLSAs) and a direction was issued to them to 
collate the data received by JVLs and compile the information as 
per the format prescribed by NALSA. Details of responses received 
till 15th July, 2024 were also set out and directions were issued to 
other States to file their responses. When the matter was taken up 
on 09.09.2024, a detailed note dated 06.09.2024 was placed on 
record by Ms. Rashmi Nandakumar, learned counsel on the aspect 
of access to free legal aid for the deserving prison inmates. This 
judgment deals with the aspect of access to free legal aid for prison 
inmates. The issue of “Open Correctional Institutions” will be heard 
and considered separately by the Court. 
4.	
We have heard Mr. Vijay Hansaria learned Amicus Curiate and Ms. 
Rashmi Nandakumar, learned counsel. We have considered the 
detailed note submitted by the NALSA.
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Constitutional Goal
5.	
Article 39-A of the Directive Principles of State Policy which talks of 
equal justice and free legal aid reads as under: 
39-A. Equal justice and free legal aid.-
The State shall secure that the operation of the legal 
system promotes justice, on a basis of equal opportunity, 
and shall, in particular, provide free legal aid, by suitable 
legislation or schemes or in any other way, to ensure that 
opportunities for securing justice are not denied to any 
citizen by reason of economic or other disabilities.
Relevant Judicial Pronouncements
6.	
This Court in Hussainara Khatoon and Others (IV) v. Home 
Secretary, State of Bihar, Patna (1980) 1 SCC 98, held as under:
“6. …. It is not uncommon to find that undertrial prisoners 
who are produced before the Magistrates are unaware of 
their right to obtain release on bail and on account of their 
poverty, they are unable to engage a lawyer who would 
apprise them of their right to apply for bail and help them 
to secure release on bail by making a proper application to 
the Magistrate in that behalf. Sometimes the Magistrates 
also refuse to release the undertrial prisoners produced 
before them on their personal bond but insist on monetary 
bail with sureties, which by reason of their poverty the 
undertrial prisoners are unable to furnish and which, 
therefore, effectively shuts out for them any possibility of 
release from pre-trial detention… 
We do
not think it is possible to reach the benefits of 
the legal process to the poor, to protect them against 
injustice and to secure to them their constitutional and 
statutory rights unless there is a nation-wide legal service 
programme to provide free legal services to them. It is 
now well settled, as a result of the decision of this Court in 
Maneka Gandhi v. Union of India [(1978) 1 SCC 248] that 
when Article 21 provides that no person shall be deprived 
of his life or liberty except in accordance with the procedure 
established by law, it is not enough that there should be
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some semblance of procedure provided by law, but the 
procedure under which a person may be deprived of his 
life or liberty should be “reasonable, fair and just”. Now, a 
procedure which does not make available legal services 
to an accused person who is too poor to afford a lawyer 
and who would, therefore, have to go through the trial 
without legal assistance, cannot possibly be regarded as 
“reasonable, fair and just”. It is an essential ingredient of 
reasonable, fair and just procedure to a prisoner who is 
to seek his liberation through the court’s process that he 
should have legal services available to him….. 
(Emphasis supplied)
Further, this Court in Khatri and Others (2) v. State of Bihar and 
Others (1981) 1 SCC 627, para 6, held as under:
6. But even this right to free legal services would be 
illusory for an indigent accused unless the Magistrate or 
the Sessions Judge before whom he is produced informs 
him of such right.
….It would make a mockery of legal aid if it were to be left 
to a poor ignorant and illiterate accused to ask for free legal 
services. Legal aid would become merely a paper promise 
and it would fail of its purpose. The Magistrate or the 
Sessions Judge before whom the accused appears must 
be held to be under an obligation to inform the accused 
that if he is unable to engage the services of a lawyer on 
account of poverty or indigence, he is entitled to obtain 
free legal
services at the cost of the State. Unfortunately, 
the Judicial Magistrates failed to discharge this obligation 
in the case of the blinded prisoners and they merely stated 
that no legal representation was asked for by the blinded 
prisoners and hence none was provided. We would, 
therefore, direct the Magistrates and Sessions Judges in 
the country to inform every accused who appears before 
them and who is not represented by a lawyer on account 
of his poverty or indigence that he is entitled to free legal 
services at the cost of the State. Unless he is not willing 
to take advantage of the free legal services provided by
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the State, he must be provided legal representation at the 
cost of the State…..”
(Emphasis supplied)
7.	
This Court has held that free legal assistance for poor and indigent 
at the cost of the State is a fundamental right of a person under 
Article 21 even if the person does not seek legal assistance on his 
own. In Suk Das v. Union Territory of Arunachal Pradesh (1986) 
2 SCC 401, this Court held as under.-
“6. But the question is whether this fundamental right 
could lawfully be denied to the appellant if he did not 
apply for free legal aid. Is the exercise of this fundamental 
right conditioned upon the accused applying for free legal 
assistance so that if he does not make an application for 
free legal assistance the trial may lawfully proceed without 
adequate legal representation being afforded to him? Now 
it is common knowledge that about 70 per cent of the 
people living in rural areas are illiterate and even more 
than that percentage of the people are not aware of the 
rights conferred upon them by law. Even literate people 
do not know what are their rights and entitlements under 
the law. It is this absence of legal awareness which is 
responsible for the deception, exploitation and deprivation 
of rights and benefits from which the poor suffer in this 
land. Their legal needs always stand to become crisis-
oriented because their ignorance prevents them from 
anticipating legal troubles and approaching a
lawyer for 
consultation and advice in time and their poverty magnifies 
the impact of the legal troubles and difficulties when they 
come. Moreover, because of their ignorance and illiteracy, 
they cannot become self-reliant: they cannot even help 
themselves. The law ceases to be their protector because 
they do not know that they are entitled to the protection of 
the law and they can avail of the legal service programme 
for putting an end to their exploitation and winning their 
rights…” 
(Emphasis supplied)
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8.	
In Madhav Hayawadanrao Hoskot v. State of Maharashtra (1978) 3 
SCC 544, this Court, while holding that right to counsel for a prisoner 
is a fundamental right traceable to Article 21, held that procedural 
safeguards are the indispensable essence of liberty. This Court held 
as under:- 
“14. The other ingredient of fair procedure to a prisoner, 
who has to seek his liberation through the court process 
is lawyer’s services. Judicial justice, with procedural 
intricacies, legal submissions and critical examination of 
evidence, leans upon professional expertise; and a failure 
of equal justice under the law is on the cards where such 
supportive skill is absent for one side. Our judicature, 
moulded by Anglo-American models and our judicial 
process, engineered by kindred legal technology, compel 
the collaboration of lawyer-power for steering the wheels 
of equal justice under the law. Free legal services to the 
needy is part of the English criminal justice system. And 
the American jurist, Prof. Vance of Yale, sounded sense 
for India too when he said: [ Justice and Reform, Earl 
Johnson, Jr. p. 11] 
“What does it profit a poor and ignorant man that 
he is equal to his strong antagonist before the law if 
there is no one to inform him what the law is? Or that 
the courts are open to him on the same terms as to 
all other persons when he has not the wherewithal 
to pay the admission fee?”
xx xx xx
25. If a
prisoner sentenced to imprisonment, is virtually 
unable to exercise his constitutional and statutory right of 
appeal, inclusive of special leave to appeal, for want of legal 
assistance, there is implicit in the Court under Article 142, 
read with Articles 21 and 39-A of the Constitution, power 
to assign counsel for such imprisoned individual “for doing 
complete justice”. This is a necessary incident of the right 
of appeal conferred by the Code and allowed by Article 
136 of the Constitution. The inference is inevitable that 
this is a State’s duty and not Government’s charity. Equally 
affirmative is the implication that while legal services must
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be free to the beneficiary, the lawyer himself has to be 
reasonably remunerated for his services…..
26. In the present petition, the party, though preferred legal 
aid by the court, preferred to argue himself. Even so we 
uphold the right to counsel not in the permissive sense of 
Article 22(1) and its wider amplitude but in the peremptory 
sense of Article 21 confined to prison situations.
(Emphasis supplied)
9.	
In Sunil Batra (II) v. Delhi Administration. (1980) 3 SCC 488 in 
Para 30 and 78(3), this Cout held as under.-
“30. We, therefore, affirm that where the rights of a 
prisoner, either under the Constitution or under other law, 
are violated the writ power of the court can and should 
run to his rescue. There is a warrant for this vigil. The 
court process casts the convict into the prison system and 
the deprivation of his freedom is not a blind penitentiary 
affliction but a belighted institutionalisation geared to a 
social good. The court has a continuing responsibility to 
ensure that the constitutional purpose of the deprivation 
is not defeated by the prison administration….
78(3). Lawyers nominated by the District Magistrate, 
Sessions Judge, High Court and the Supreme Court will 
be given all facilities for interviews, visits and confidential 
communication with prisoners subject to discipline and 
security considerations. This has roots in the visitatorial 
and supervisory judicial role. The lawyers so
designated 
shall be bound to make periodical visits and record and 
report to the concerned court results which have relevance 
to legal grievances.”
(Emphasis supplied)
The Legal Services Authorities Act, 1987
10.	 To give effect to the constitutional goal under Article 39-A, the Legal 
Services Authorities Act, 1987 was enacted. As the preamble to the 
Act sets out, the Act was to constitute legal services authorities to 
provide free and competent legal services to the weaker sections of 
society, to ensure that opportunities for securing justice are not denied
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to any citizen by reason of any economic or other disabilities. Under 
Section 3 of the Act, the National Legal Services Authority (NALSA) 
is constituted. Under Section 4, the functions of the NALSA are set 
out and the relevant ones for the purpose of the present issue are 
(a) (b) (c) and (i). They are extracted herein below. 
“4. Functions of the Central Authority.—
The Central Authority shall perform all or any of the following 
functions, namely:
(a) lay down policies and principles for making legal 
services available under the provisions of this Act;
(b) frame the most effective and economical schemes for 
the purpose of making legal services available under the 
provisions of this Act;
(c) utilise the funds at its disposal and make appropriate 
allocations of funds to the State Authorities and District 
Authorities;
(i) monitor and evaluate implementation of the legal 
aid programmes at periodic intervals and provide for 
independent evaluation of programmes and schemes 
implemented in whole or in part by funds provided under 
this Act;”
Section 6 and 9 deal with the constitution of State Legal Services 
Authority and the District Legal Services Authority respectively. 
Section 12 of the Act is a significant provision. Section 12, inter 
alia, sets out that every person in custody who has to file or defend 
a case shall be entitled to legal services under the Act. Section 13 
mandates that persons who
satisfy all or any of the criteria specified 
in Section 12 shall be entitled to receive legal services provided that 
the concerned authority is satisfied that such persons have a prima 
facie case to prosecute or to defend. Section 14 speaks of grants by 
Central Government and Section 15 speaks of the National Legal Aid 
Fund and the application thereof. In exercise of its power NALSA has 
been periodically laying down the policies and principles for making 
legal services available under the provisions of the Act and framing 
schemes and providing for utilization of funds.
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NALSA-Standard Operating Procedures on Access to Legal Aid 
Services to Prisoners and Functioning of the Prison Legal Aid 
Clinics - 2022 
11.	 As the note submitted by the learned counsel indicate, furtherance 
of this function NALSA has formulated the SOP on access to legal 
aid services to prisoners and functioning of the Prison Legal Aid 
Clinics (PLACs) (hereinafter referred to as NALSA SOP-2022). The 
NALSA SOP-2022 deals with (i) The setting up and functioning 
of the PLACs (ii) The purpose behind establishing the PLACs 
(iii) The Roles and responsibilities of different legal aid functionaries 
attached with the PLACs (iv) The monitoring of PLACs by DLSAs. 
(v) The process of application for legal aid and role of PLACs in 
facilitating appointment of legal aid lawyer (vi) The PLACs role in 
providing legal aid services and legal assistance to the vulnerable 
groups in prisons; (vii) The PLACs role in providing legal information 
to prisoners and their families; (viii) The PLACs role in imparting legal 
knowledge to prisoners about their rights and their grievance redressal 
mechanism; and (ix) The PLACs role in giving legal assistance for 
filing Jail Appeals before the High Courts and the Supreme Court 
by the convicts in prison.
12.	 As set out in the note, the NALSA SOP-2022 enumerates the following 
functions of the PLACs:-
"a.	
to ensure at all times that no prisoner is without 
legal representation at any
stage of the criminal 
proceedings and to generate awareness about the 
same;
b.	
to bridge the information gap between the prisoner 
and the Court;
c.	
to facilitate communication between the prisoner and 
the lawyer, whether legal aid or private;
d.	
to ensure that no person is illegally or unnecessarily 
detained;
e.	
to ensure special needs of vulnerable groups (women, 
young offenders, mentally-ill, foreign nationals, 
persons from other states, etc.); in prisons are 
addressed;
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f.	
to collaborate with local authorities, universities, 
academic institutions and civil society organizations 
to further strengthen legal aid services for prisoners;
g.	
to act as a One Stop Centre (OSC) to raise the 
grievances of the prisoners and direct the grievances 
to appropriate authorities through DLSA; and
h.	
to undertake the implementation of the NALSA and 
SLSA campaigns for prisoners or any other work 
assigned to fulfil its mandate of providing legal aid 
services and assistance to the prisoners.”
13.	 NALSA SOP-2022 also deals with the duties of the JVLs and the 
Paralegal Volunteers (PLVs). The duties of the JVLs, as set out in 
the note, are as follows :-
"a)	 To identify cases eligible for release under the 
mandate of the Undertrial Review Committee (UTRC);
b)	
To interact with inmates identified by the paralegal 
volunteers and provide legal advice;
c)	
To draft applications and petitions for parole/juvenility/
bail etc. for the undertrials and convicts present in 
the clinic;
d)	
To ensure filling of legal aid application form for those 
who need legal aid lawyers and submit the same to 
the legal services authority, without any delay;
e)	
To conduct legal awareness camps inside prisons 
including apprising new entrants to prison about the 
free legal services provided by Tehsil Legal Services 
Committee (TSLC) or Sub-Divisional Legal Services 
Committee (SDLSC), District Legal Services
Authority 
(DLSA), High Court Legal Services Committee 
(HCLSC) and Supreme Court Legal Services 
Committee (SCLSC);
f)	
To regularly inform the inmates about the status of 
their cases;
g)	
To communicate to the defense lawyer any pertinent 
information that an inmate has requested to be shared 
with his/her lawyer;
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h)	
To also represent the inmates in courts in some 
cases, if appointed by the Legal Service Institution 
but not otherwise;
i)	
To prioritize and focus on personal interactions with 
the inmates in the PLAC during the visit and then 
document and prepare the petitions;
j)	
To assist the UTRC by coordinating with the inmates 
and the courts on cases eligible for release;
k)	
To follow the directions given under NALSA SOP for 
representing persons in custody;
l)	
To bring into notice of DLSA about the concern of 
inmates in respect of conditions in jail;
m)	
Updating information on digital platform of legal aid 
and legal aid e-prison.”
The duties of the PLVs are as under:
"a)	 To establish/ manage Legal Aid Clinics inside prisons, 
as prescribed; 
b)	
To take steps towards identification of prison inmates 
who are in need of legal assistance. This would involve 
reaching out to all prisoners whether beneficiary of 
legal aid or not, especially the new entrants;
c)	
To seek permission from the prison authorities to visit 
the wards/enclosures of prisoners to ascertain that 
no one remains unrepresented;
d)	
To fill out the legal aid application form and promptly 
send it to the concerned DLSA/TLSC & also ensure 
that the prisoners interact with the Jail Visiting Lawyer 
on his next visit to prison;
e)	
To coordinate and assist the Jail Visiting Lawyers in 
providing legal advice and aid;
f)	
To give updates on the
proceedings in a case to the 
inmates;
g)	
To counsel inmates and explain any legal provision 
pertaining to their case. Where there are doubts, then 
refer the case to the Jail Visiting Lawyer;
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h)	
To receive legal aid lawyer appointment letters, replies 
from legal service institutions and other authorities, 
maintain record and give copies to the concerned 
prisoner;
i)	
To submit reports to the DLSA about the Undertrial 
Review Committee on cases eligible under section 
436/436A Cr.P.C.;
j)	
To keep track of non-production of any inmate in the 
Court as per the date given and inform the Secretary, 
DLSA/SDLSC or TLCS;
k)	
To assist the prison inmate in filing any complaint or 
grievances relating to their stay in prison; and
l)	
To send reminders/letters to the corresponding Legal 
Services Authority to seek information regarding 
status of case, name and contact details of the 
assigned legal aid lawyer.”
14.	 Under Para 15 of the NALSA SOP-2022, the procedure for ensuring 
smooth filing of petitions of the convicts in High Courts and the 
Supreme Court has been outlined as follows:
"a)	 As soon as the order rejecting bail or an order of 
conviction is pronounced by the Court (Magistrate 
Court, Sessions Court or High Court), a prisoner shall 
be informed by the PLAC regarding the right to bail/
appeal/review/revision in the High Court/Supreme 
Court and the process of filing the same.
b)	
Steps must be taken promptly through the PLAC to 
apply for appointment of lawyer by the High Court 
Legal Services Committee (HCLSC) or the Supreme 
Court Legal Services Committee (SCLSC), as the 
case may be. A
record of such application must be 
made in designated register/database.
c)	
Where copy of judgement is not available with the 
prisoner, the DLSA shall make available an extra 
copy of the judgement to the prisoner to enable filing 
of the petition/jail appeal.
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d)	
Upon receiving a request for legal assistance, the 
HCLSC/SCLSC must immediately appoint a lawyer 
to the case, details of whom must be duly intimated 
to the prisoner via the Prison Superintendent, as 
per prescribed formats provided in the NALSA’s 
Handbook of Formats, 2020.
e)	
Details of the lawyer appointed by the HCLSC/
SCLSC must be duly noted in the register/database 
maintained at the PLAC.
f)	
Regular interaction and communication between 
the counsel and the client/ convict must be ensured 
by SCLSC, HCLSC, DLSA and SLSA in order to 
update the beneficiary as to the progress of the case. 
Where the prisoners complain of lack of interaction 
with lawyer assigned by HCLSC/SCLSC, the DLSA 
shall intimate the same to the HCLSC/SCLSC at 
the earliest.
g)	
The PLV shall provide updates to the prisoner on 
progress in his/her case. Information may be sourced 
directly from the HCLSC/SCLSC or through the 
relevant Court websites.
h)	
DLSA may undertake to jointly conduct camps with 
HCLSC/SCLSC to apprise prisoners of the various 
remedies in law for bail/appeal/review/revision as 
well as writ remedies.”
NALSA has also adopted methods to strengthen the monitoring of 
PLACs and to review their functioning.
Statistical Data
15.	 NALSA has stated that as per the information received from the 
SLSAs, there are a total of 1265 Jails (including sub jails and women 
jails), 1256 PLACs and 6663 Jail Visiting Lawyers. As of
2023-24, 
NALSA has interacted with 4,56,798 inmates and provided legal 
assistance to 3,24,867 inmates. Further, as of June, 2024, 880 appeals 
of convicts have been filed in the Sessions Courts, 1,593 appeals 
in the High Courts and as on date (that is up to 04.09.2024), 1309 
convicts have been able to file special leave petitions in this Court.
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Legal Aid Defense Counsel System 
16.	 A pioneering measure adopted by NALSA since the year 2021-22 is 
the introduction of the Legal Aid Defense Counsel System with a view 
to strengthen and professionalize legal services delivered. At present, 
as per the report, around 611 of the 703 districts in the country have 
the Legal Aid Defense Counsel System in place. Just as there is 
a prosecuting office for the prosecution, this is an institutionalized 
method of providing defense counsel assistance in legal aid matters. 
The Legal Aid Defense Counsel System includes dedicated, 
full-time experienced lawyers to represent the accused. The lawyers 
exclusively deal with criminal legal aid cases ensuring effective and 
efficient representation, timely and effective client consultations, 
effective monitoring of legal aid cases, professional management of 
legal aid work in criminal matters and enhance responsiveness to the 
litigant. The modified Legal Aid Defense Counsel System Scheme 
of 2022 provides for the selection process of the Legal Aid Defense 
Counsels (LADCs), the number of human resources to be engaged, 
the infrastructural requirements, essential qualifications and the 
role of legal services institutions. The objective of the scheme is to 
(a) Provide qualitative and competent legal services in criminal matters 
to all eligible persons (b) To manage and implement legal aid system 
in a professional
manner in criminal matters. As of 31.03.2024, the 
following are the statistics with regard to the number of Chief Legal 
Aid Counsels, number of Deputy Chief Legal Aid Counsels and the 
number of Assistant Legal Aid Counsels.
“Till 31.03.2024, Office of LADC was set up in 611 districts across 
India.
Category of LADC
Human Resource
No. of Chief Legal Aid Counsels
500
No. of Deputy Chief Legal Aid Counsels
713
No. of Assistant Legal Aid Counsels
1193
Total No. of Legal Aid Defence Counsels
2406
Special Campaign for Prisoners 
17.	 The report indicates that NALSA has time and again undertaken 
special campaigns for prisoners to ensure timely access after
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recognizing the unique challenges faced by the convicts in accessing 
justice. The objectives of the Campaign are to 
(a)	 Secure appellate rights of the convicts; 
(b)	 Ensuring that incarceration does not go beyond the period of 
their imprisonment or after remission; 
(c)	
To secure parole/furlough and remission rights of the convicts. 
To fully ensure the appellate rights of the convicts, NALSA with 
the assistance of the DLSA, collects data of each of the convicts 
from (i) Jail authorities (ii) Courts (iii) High Court Legal Services 
Committee (iv) Supreme Court Legal Services Committee. 
Steps are taken to ensure the communication of the status of the 
appeal filed and the next date of hearing; follow up with regard to the 
filing of appeals by the legal aid committee and the assigned counsel.
18.	 After collection of data, the following categorization is made:
“• Convicts who are not willing to file appeals/SLPs.
• Convicts who have already filed appeals/SLPs through 
private lawyers.
• Convicts who have not at all filed appeals/SLPs but want 
to file appeal/SLPs through Legal Services Institutions.
• Convicts who have sought legal aid for filing appeals/
SLPs but their appeals/SLPs have not been filed due to 
lack of documents or other reasons.
• Convicts whose appeals/SLPs have been filed through 
legal services authorities but they are not aware about 
the name of their lawyers and the status of their appeals.
•
Convicts who have moved bail applications through Legal 
Services Institutions (LSIs) but are not aware about the 
status of applications.
• Convicts who want to get their matter processed for 
parole/furlough/remission etc. but are not aware of the 
processes, and require drafting of applications for it.”
Awareness
19.	 The most important task in any legal service is spreading of its 
awareness to the needy. The status report of NALSA indicates that
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convicts were made aware about the availability of free legal services, 
availability of the right to file Appeals/SLPs and the process of filing 
the same. This guarantees and effectuates Article 21 inasmuch as 
for the convict in custody too, who is virtually incommunicado with 
the outside world, is positively made aware about his rights in the 
nature of the existence of a right of appeal and the facility available 
for availing free legal services. This brings into full play Section 341 of 
the Bhartiya Nagarik Suraksha Sanhita, 2023, which reads as under:- 
341. Legal aid to accused at State expense in certain 
cases.– 
(1)	 Where, in a trial or appeal before a Court, the 
accused is not represented by an advocate, and 
where it appears to the Court that the accused has 
not sufficient means to engage an advocate, the 
Court shall assign an advocate for his defence at 
the expense of the State. 
(2)	 The High Court may, with the previous approval of 
the State Government, make rules providing for—  
(a) the mode of selecting advocates for defence 
under sub-section (1); (b) the facilities to be allowed 
to such advocates by the Courts; (c) the fees payable 
to such advocates by the Government, and generally, 
for carrying out the purposes of sub-section (1). 
(3)	 The State Government may, by notification, direct 
that, as from such date as may be specified in the 
notification, the provisions of
sub-sections (1) and 
(2) shall apply in relation to any class of trials before 
other Courts in the State as they apply in relation to 
trials before Courts of Session.” 
Compilation and Translation of Documents. 
20.	 NALSA report states that steps are being taken to ensure that 
necessary documents are collected along with the custody 
certificate and vakalatnama. Translation, interrogation through video 
conferencing and drafting of applications are also arranged by NALSA. 
21.	 We are satisfied that insofar as provision of legal services are 
concerned, NALSA with the effective coordination of the SLSAs
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and DLSAs and assisting agencies are rendering yeomen service to 
realize the constitutional goal of Article 39-A. They are also striving 
hard for the effective implementation of the provisions of the Legal 
Services Authorities Act, 1987. 
SOP- For (Under Trial Review Committees (UTRCs).
22.	 While NALSA SOP-2022 dealt with the provisions of legal aid 
services to the prisoners, NALSA has a separate Standard Operating 
Procedure for the smooth functioning of the Under Trial Review 
Committees (UTRCs). This is to ensure that prisoners covered under 
the following 14 categories, as directed by this Court, are released 
from jail without delay. The 14 categories of Undertrial Prisoners and 
the directions are as under:-
“3.3.1 In case UTPs covered under Section 436A 
Cr.P.C.:
UTRC may recommend to concerned trial court to take 
up the matter and consider him/her for release on bail if 
there are no special reasons to deny bail, with or without 
sureties.
3.3.2 UTPs released on bail by the court, but have not 
been able to furnish sureties:
The UTRC may recommend the trial court to examine the 
reason why the accused is not furnishing surety/ bail bonds 
and if he/she is unable to do so due to poverty, then the 
trial court may consider reducing the bail amount on the 
application of the lawyer under S.440, CrPC or release 
on personal bond.
3.3.3 UTPs accused of compoundable offences:
The UTRC may recommend to the trial
court to consider if 
the offence can be compounded between the complainant 
and the accused as per law.
3.3.4 UTPs eligible under Section 436 of Cr.P.C.:
The UTRC may recommend to the trial court to consider 
releasing such an accused on personal bond in case he is 
unable to furnish bail bond within seven days of bail order.
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3.3.5 UTPs who may be covered under Section 3 of 
the Probation of Offenders Act, namely accused of 
offence under Sections 379, 380, 381, 404, 420 IPC 
or alleged to be an offence not more than 2 years 
imprisonment:
The UTRC may recommend to the trial court to consider 
invoking of Probation of Offenders Act in fit cases as also 
plea bargaining in appropriate cases.
3.3.6 Convicts who have undergone their sentence or 
are entitled to release because of remission granted 
to them:
The UTRC may examine the reason for non-release of 
the convict and the Officer in-charge of prison may be 
recommended to look into the matter so that the convict 
is released as soon as possible.
3.3.7 UTPs become eligible to be released on bail 
under Section 167(2)(a)(i) & (ii) of the Code read with 
Section 36A of the Narcotic Drugs and Psychotropic 
Substances Act, 1985 (where persons accused of 
Section 19 or Section 24 or Section 27A or for offences 
involving commercial quantity) and where investigation 
is not completed in 60/90/180 days:
The UTRC may recommend to the trial court to consider 
release of the accused in cases where chargesheet is not 
submitted within the statutory time frame.
3.3.8 UTPs who are imprisoned for offences which 
carry a maximum punishment of 2 years:
The UTRC may recommend to the trial court to consider 
releasing of the UTP on bail in such cases.
3.3.9 UTPs who are detained under Chapter VIII of
the Cr.P.C. i.e. under Sections 107, 108, 109 and 151 
of Cr.P.C.:
The Executive Magistrate/ District Magistrate court may 
be recommended to release/discharge such persons with 
or without conditions or to make an order reducing the
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amount of the security or the number of sureties or the 
time for which security has been required.
3.3.10 UTPs who are sick or infirm and require 
specialized medical treatment:
The UTRC may examine the medical condition of the 
inmate and if it is found that the inmate is very sick and 
specialized treatment is essential for survival, then the 
UTRC may recommend the trial court to consider granting 
bail on medical ground, as provided under S.437, CrPC, 
even for temporary period.
3.3.11 UTPs women offenders:
Women under trial prisoners who are not accused of 
serious offences may be considered for release on 
bail under S.437, CrPC, especially they are first time 
offenders by the concerned trial courts. The UTRC may 
also recommend suitable measures under the directions 
of the Hon’ble Court in R. D. Upadhyay vs State of A.P. 
& Ors. (AIR 2006 SC 1946).
3.3.12 UTPs who are first time offenders between the 
ages 19 and 21 years and in custody for the offence 
punishable with less than 7 years of imprisonment and 
have suffered at least 1/4th of the maximum sentence 
possible:
The UTRC may request the trial court to consider 
granting bail to such young offenders. If the person is 
found guilty in the course of trial, benefit of S.3 or S.4 
of the Probation of Offenders Act, 1958, may be given 
to the accused.
3.3.13 UTPs who are of unsound mind and must be 
dealt with Chapter XXV of the Code:
UTRC may recommend the
trial court to take appropriate 
steps in accordance with Chapter XXV of the Code and 
provide adequate treatment to such inmates.
3.3.14 UTPs eligible for release under Section 437(6) of 
Cr.P.C., wherein in a case triable by a Magistrate, the
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trial of a person accused of any non-bailable offence 
has not been concluded within a period of 60 days 
from the first date fixed for taking evidence in the case: 
UTRC may request the trial court to consider granting bail 
to such UTPs under Section 437(6) of Cr.P.C.
23.	 The Under Trial Review Committee meetings have resulted in the 
recommendation for 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. NALSA also acknowledges the huge 
gap between the total number of persons identified and number of 
persons recommended for release and further the difference in the 
number of inmates recommended for release and the number of bail 
applications filed on their behalf. NALSA acknowledges that there has 
been continued detention of persons even when they are eligible for 
statutory bail under Sections 436A, 436, 167(2) CrPC, the continued 
detention of persons with mental illness despite statutory safeguards; 
the continued arrest and detention of persons under offences carrying 
less than 7 years punishment despite the directives of this Court. 
Limited use of liberal bail provisions for women and sick or infirm 
persons are some of the reasons, according to NALSA, for large 
number of persons continuing to remain behind bars. 
Pre-Litigation Assistance
24.	 One of the important areas where legal aid, was in the initial days 
found wanting was in the pre litigation arena. NALSA has risen to 
the occasion by introducing “Early Access to Justice at Pre-Arrest, 
Arrest and Remand Stage Framework”, under which all DLSAs upon 
receiving the intimation of request of the suspect/arrestee to have 
free legal assistance during interrogation, shall inform the deputed 
lawyer as per the duty roster. The assigned lawyer is to then to go 
to the concerned Police Station to provide legal assistance to such 
persons. Specific duties have been cast on legal aid lawyers to 
challenge the arrests made in violation of the statutory framework or 
binding precedents; to move bail application expeditiously and keep 
the client informed about their status. More importantly, the legal aid 
lawyers have been asked to move applications, wherever necessary, 
for modification of bail conditions such as suretyship amount.
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25.	 In a recent case, this Court in Girish Gandhi vs. State of UP, 2024 
SCC OnLine SC 2142 had the following to say on how excessive 
bail conditions virtually defeats the bail:-
23. From time immemorial, the principle has been that the 
excessive bail is no bail. To grant bail and thereafter to 
impose excessive and onerous conditions, is to take away 
with the left hand, what is given with the right. As to what 
is excessive will depend on the facts and circumstances 
of each case. In the present case, the petitioner is 
experiencing a genuine difficulty in finding multiple sureties. 
Sureties are essential to ensure the presence of the 
accused, released on bail. At the same time, where the 
court is faced with the situation where the accused enlarged 
on bail is unable to find sureties, as ordered, in multiple 
cases, there is also a need to balance the requirement of 
furnishing the sureties with his or her fundamental rights 
under Article 21 of the Constitution of India. An order 
which would protect the person’s fundamental right under 
Article 21 and at the same time guarantee the presence, 
would be reasonable and proportionate. As to what such 
an order should be, will again depend on the facts and 
circumstances of each case. 24. In Satender Kumar Antil 
v. Central Bureau of Investigation (2022) 10 SCC 51, this 
Court held that “imposing a condition which is impossible of 
compliance would be defeating the
very object of release.”
26.	 NALSA Lawyers step in to obtain translated copies of documents 
wherever necessary; ensure that in case of a foreign national, the 
concerned High Commission is informed and also make submissions 
if the suspect/arrestee appears to be a child/juvenile. Statistics 
reveal that as of June, 2024, 17,894 suspects have been given legal 
assistance at the pre arrest stage at the Police Station. 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 20182 accused were granted 
bail. 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.
[2024] 10 S.C.R. 
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E-Prison Module / E-kiosks in Prisons
27.	 NALSA has also stated that E-Prison Module for effective monitoring of 
cases has been implemented and under the modified E-Prison Module 
data regarding orders granting bail, the status of implementation of 
orders granting bail and orders of acquittal are uploaded. Similarly, 
NALSA has prepared a module called “Inmates Information Access 
to Relatives” - whereby the inmates and/or their relatives are able 
to access details relating to the prisoners. The prisoner and the 
nominated relatives can access the details through E-Kiosks installed 
inside the jails. Through these E-Kiosks, the prisoner/relatives can 
check the next hearing date, remission period, parole and furlough 
application status etc. 
28.	 In an order passed as a chamber judge (one of us), Viswanathan 
K.V. J. in Sanjit Saha vs. State of West Bengal, 2023 INSC 1085 
made the following suggestion so that the data from prison is available 
on a click of a button to courts including this Court. The said Para 
is extracted hereinbelow.
“30. The long-term option would be in the digital era to 
evolve a mechanism whereby, the Jail authorities are 
vested with an obligation to upload on a customised 
web portal, the surrender and custody particulars of the 
convicts with the corresponding numbers of the Criminal 
Appeals/Special Leave Petitions. This will ensure that on 
a click of a button, all up to date
information are available 
for the Court.”
29.	 NALSA, SLSAs and DLSAs can all help the prison authorities and 
the Courts by acting as a bridge in ensuring that the data is fed and 
made available to the Court. 
Steps taken pursuant to the order of this Court on 09.05.2024 
and 17.05.2024
30.	 Acting on the communication of NALSA and based on the convict 
information sheet received from the JVLs, SLSAs have sent their first 
quarterly report to NALSA. The following tables have been placed 
by NALSA in the report dated 06.09.2024.
The data regarding the legal services provided to prisoners at these 
PLACs over the years is as under:
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Years
2019-20
2020-21
2021-22
2022-23
2023-24
No. of Prison 
Legal Services 
Clinics
1111
1076
1181
1177
1256
No. of inmates 
interacted with
369698
162670
259339
350265
456798
No. of inmates 
provided legal 
assistance
297708
143037
218501
264593
324867
The data regarding the legal services provided to convicts for filing 
appeals is as under:
Years
No. of convicts 
whose appeals 
were filed in the 
Session’s Court
Number of convicts 
whose papers/
applications were 
sent to the High 
Courts by DLSA’s for 
filing appeals
Number of 
convicts on 
whose behalf 
SLPs were filed 
through SCLSC 
(all SLPs)
2021
1283
3181
810
2022
2101
4115
1153
2023
3504
4716
1262
2024
880 (from 
01.01.2024 till 
31.08.2024)
1593 (from 
01.01.2024 till 
31.08.2024)
1309 (from 
01.01.2024 till 
04.09.2024)
The State-wise breakup of total convicts and convicts who filed 
appeals are as follows. Mr. Vijay Hansaria, learned Amicus Curiae 
has made the analysis and after adding two columns to the chart 
filed by NALSA, has placed the following before us:-
State
Total 
Convicts
Appeals
Appeals 
not filed
Percent of 
appeals not 
filed
Andhra 
Pradesh
1751
1415
336
19%
Arunachal 
Pradesh
62
6
56
90%
Assam
2180
2021
159
7%
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Dadra & 
Nagar Haveli
0
Daman Diu
0
Chhattisgarh
306
280
26
8%
Goa
52
48
4
2%
Jammu and 
Kashmir
131
118
13
10%
Jharkhand
2942
2651
291
10%
Kerala
596
532
64
11%
Lakshadweep
0
Manipur
78
37
41
53%
Meghalaya
308
150
158
51%
Rajasthan
1890
1842
48
3%
Pondicherry
102
9
93
91%
Punjab
3159
2591
568
18%
Telangana
297
243
54
18%
Uttarakhand
1701
1683
18
1%
West Bengal
2454
1561
893
36%
Chandigarh
306
280
26
8%
Gujarat
2740
1937
803
29%
Himachal
869
663
206
24%
Madhya 
Pradesh
16813
16149
664
4%
Tripura
285
213
72
25%
Uttar Pradesh
12858
11870
988
8%
Karnataka
2071
1389
682
33%
Mizoram
50
27
23
46%
Maharashtra
2580
1739
841
33%
Ladakh
4
3
1
25%
Bihar
4382
4048
334
8%
Orissa
3048
2820
156
5%
Tamil Nadu
2829
2197
632
22%
Nagaland
42
14
28
67%
Haryana
4366
3600
766
18%
Sikkim
NA
NA
Total
71,252
62,136
9,044
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It has also been mentioned that insofar as the Union Territory of Dadra 
and Nagar Haveli is concerned, there was only one sub-jail where 
all the prisoners were undertrials. The convicts of the Union Territory 
have been sent to the Central Jail of nearby districts in Gujarat. 
Insofar as the Union Territory of Daman and Diu was concerned, 
the figure was Nil. In the Union Territory of Lakshadweep, no convict 
was lodged in its jail as all convicts are transferred to a jail in Kerala, 
post-conviction. In Sikkim, the data is still awaited.
31.	 The learned Amicus has also drawn the attention of this Court to 
the judgment of Justice Ajay Bhanot of the Allahabad High Court in 
Ramu v. State of U.P., 2024 SCC OnLine All 4618. Learned Amicus 
prays that the appeal of the 870 convicts who had expressed their 
willingness to file appeals, as recorded in the order of 15.07.2024, 
be filed within 4 weeks, if not already filed, and an updated status 
report be filed by NALSA giving details of the convicts who have 
consented to file the appeals through legal aid. Apart from the above, 
learned Amicus had also prayed for a direction that the judgment 
in Ramu (Supra) be made applicable to all States throughout the 
country. 
Reasons given by convicts for not filing appeals 
32.	 NALSA in its report of 06.09.2024 has opined that the convicts who 
have not preferred an appeal had adduced the following reasons:- 
"i.	
Convicts were
not interested in preferring an appeal 
as they were satisfied with the current judgment and 
order on sentence;
ii.	
Convicts had served a substantial part of their 
sentence;
iii.	
Convicts’ appeal was rejected by the High Court and 
hence, they didn’t want to file an appeal before the 
Supreme Court;
iv.	
Convicts lacked the financial resources to prefer an 
appeal;
v.	
Convicts wanted to consult their families before 
deciding whether or not to prefer an appeal;
vi.	
Convicts wanted to engage a private counsel;
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vii.	 Convicts had a fear of enhancement of sentence in 
the Appellate proceedings;
viii.	 Convicts had originally pleaded guilty to the offence 
and were hence, not inclined to prefer an appeal;
ix.	
Convicts had multiple cases pending against them;
X.	
Convicts were not willing to state any specific reason 
for not preferring an appeal; and
xi.	
Convicts had been recently convicted.”
NALSA has stated that regular interaction is on with the convicts 
who have not preferred the appeals and they have been informed 
of the availability of free legal aid and the convicts falling in the 
categories (i), (x), (xi) are regularly interacting with the JVLs about 
their rights. The DLSAs are also conducting monthly inspections 
of the PLACs. Periodical reports of the DLSAs are to be submitted 
to the SLSAs, and the SLSAs are periodically sending reports to 
NALSA. The concern of Mr. Vijay Hansaria, learned Amicus Curie, 
is duly addressed by NALSA. 
AS WAS SAID:- “LEGAL AID TO POOR SHOULD NOT BE POOR 
LEGAL AID”.
33.	 This Court in Ramanand @ Nandlal Bharti v. State of U.P., 2022 
SCC Online SC 1396, while discussing the quality of legal aid, in 
para 120, held as under:
“120. It is by far now well-settled for a legal proposition 
that it is the duty of the court to see and ensure that an 
accused put on a criminal trial is effectively represented 
by a defence counsel, and in the event on account of 
indigence, poverty or
illiteracy or any other disabling 
factor, he is not able to engage a counsel of his choice, it 
becomes the duty of the court to provide him appropriate 
and meaningful legal aid at the State expense. What is 
meant by the duty of the State to ensure a fair defence to 
an accused is not the employment of a defence counsel 
for namesake. It has to be the provision of a counsel 
who defends the accused diligently to the best of his 
abilities. While the quality of the defence or the caliber
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of the counsel would not militate against the guarantee 
to a fair trial sanctioned by Articles 21 and 22 resply of 
the Constitution, a threshold level of competence and 
due diligence in the discharge of his duties as a defence 
counsel would certainly be the constitutional guaranteed 
expectation. The presence of counsel on record means 
effective, genuine and faithful presence and not a mere 
farcical, sham or a virtual presence that is illusory, if not 
fraudulent.”
Directions: -
34.	 In view of the above, we dispose of the matter by issuing the following 
directions:- 
i.	
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.
ii.	
NALSA in cooperation with the SLSAs and the DLSAs will ensure 
that the SOP on Access to Legal Aid Services to prisoners and 
functioning of PLACs are operated efficiently in practice. 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.
iii.	
The Legal Services Authorities at different levels will adopt 
methods to strengthen the monitoring of PLACs and to review 
their functioning periodically.
iv.	
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.
v.	
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 
inspection and audit 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
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in the Legal Aid Defence Counsel system, whenever it is felt 
necessary and appropriate.
vi.	
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 
reaches 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.
vii.	 In this regard, inter alia, the following measures to create 
awareness could be undertaken through the length and breadth 
of the nation to spread the message of the availability of legal aid:
(a)	 In public places like police stations, post offices, bus 
stands, railway stations etc. boards in prominent places 
be displayed furnishing the address for contact and the 
phone numbers of the nearest legal aid office. This should 
be done in the local language and in English. 
(b)	 Promotional campaigns in the local language be undertaken 
through Radio/All India Radio/Doordarshan. This will be in 
addition to the promotional measures undertaken through 
the digitalization process – like hosting of websites and 
prominent mention thereon on the
landing page of the 
legal services authority wherever permissible. 
(c)	
To create complete awareness about the existence of legal 
aid schemes, promotional campaigns may include such 
other creative measures including organization of street 
corner plays (nukkad natak) in rural areas so that the poor 
rural masses comprehend the facility available to them 
through the legal aid scheme. These should be undertaken 
without dislocating the normal life of citizens. Further, these 
measures will not only create awareness about legal aid to 
the accused but will also create awareness for the victims 
and for those whose civil rights have been infringed.
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viii.	 The Legal Services Authorities will periodically review and 
update SOP-2022 for the Undertrial Review Committee [UTRC].
ix.	
The huge gap between 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. 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.
x.	
The “Early Access to Justice at Pre-arrest, Arrest and Remand 
Stage Framework” established by NALSA for pre-litigation 
assistance should be diligently pursued and the work undertaken 
under the framework be periodically reviewed.
xi.	
Interaction by the Legal Service Authorities at different levels with 
convicts who had not preferred appeals should be periodically 
undertaken and the convicts be informed of their right to free 
legal aid.
xii.	 Periodic interaction should be held with Jail Visiting Lawyers 
(JVLs) and Para Legal Volunteers (PLVs). This is to ensure 
updation of their knowledge so that the system functions 
efficiently as a whole.
xiii.	 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.
xiv.	 Periodic reports should be submitted by the DLSAs to the SLSAs 
and the SLSAs to the NALSA, if not already done. NALSA 
should digitise the whole process whereby at the central level 
NALSA can, on the click of a button, get details of the updates 
done by SLSAs and DLSAs on regular basis.
xv.	
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.
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xvi.	 We direct the Registry to forward a copy of this judgment to all 
the High Courts in the country. The High Courts may consider 
the feasibility of issuing a practice direction to the effect that all 
courts including the High Court while furnishing the copy of the 
judgment of conviction/dismissal/reversal of acquittal/dismissal 
of bail applications, may append a coversheet to the judgment 
informing the convict about the availability of free legal aid 
facilities for pursuing higher remedies. The coversheet may 
set out the contact address and phone number of the legal 
aid committee attached to the court for seeking appropriate 
guidance. Similar information may be made available in the 
notices issued to the respondents by the concerned courts 
in appeals against acquittal. The High Courts may on their 
webpage carry information about the legal aid facilities available 
in the State. 
35.	 We place on record our appreciation for the assistance rendered by 
Mr. Vijay Hansaria, learned Amicus Curiae.
36.	 We also place on record our appreciation for Ms. Rashmi Nandakumar, 
learned counsel for her effective presentation of the case before this 
Court and for filing detailed written submissions with the relevant 
data. We grant liberty to NALSA to move appropriate applications in 
this matter in case any further directions are required in furtherance 
of the goals and objectives set out hereinabove. 
Result
of the case: Directions issued.
†Headnotes prepared by: Divya Pandey