New Delhi: The information regarding free legal aid is virtually like a ray of hope for several hundred convicts', incarcerated in jails in 18 states and union territories (UTs), who now wish to file appeals challenging their convictions, the National Legal Services Authority (NALSA) on Monday told the Supreme Court.
Senior advocate Vijay Hansaria, who is assisting as an amicus curiae in the matter related to overcrowding in jails, submitted before a bench led by Justice B R Gavai that no response has been received from the State Legal Service Authorities (SLSAs) of 16 states/UTs.
The NALSA, in a note, informed the top court that it received responses from SLSAs of these states and UTs after jail visiting lawyers (JVLs) communicated the information regarding free legal aid to the convicts.
JVLs are appointed by legal services institutions to provide legal advice and draft applications and petitions for inmates inside the jail. "From the responses received by the SLSAs of 18 States/UTs it is observed that pursuant to the order passed by this Hon’ble Court; JVLs have interacted with the convicts and approximately 870 convicts now wish to file an appeal," said NALSA, in its note.
The top court noted the submissions that the NALSA would advise the SLSAs of the 18 states/UTs to take steps for filing appeals in cases of these 870 convicts.
NALSA pointed at various reasons for which convicts did not prefer an appeal -- 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.
NASLA said it is clear that in most of the other categories, there is room for effective legal aid intervention. "Analysing the reasons cited, it is clear that appeals are not filed due to a variety of reasons some of which are valid," said the note.
The apex court was informed that pursuant to the letter sent by NALSA, responses were received from the SLSAs of Meghalaya, Rajasthan, Puducherry, Punjab, Telangana, Uttarakhand, West Bengal, Andhra Pradesh, Arunachal Pradesh, Dadra and Nagar Haveli, Daman and Diu, Chhattisgarh, Goa, Jammu and Kashmir, Jharkhand, Kerala, Lakshadweep, and Manipur. The apex court has scheduled the matter for further hearing after four weeks.
In May this year, the top court observed that establishing open jails can be one of the solutions to overcrowding and also addressing the issue of rehabilitation of prisoners.
