The Supreme Court has called upon High Court Legal Services Committees (HCLSCs) and jail superintendents across the country to submit their responses on a set of proposals placed before it by the Supreme Court Legal Services Committee (SCLSC) aimed at ensuring timely filing of appeals and expeditious access to legal aid for underprivileged litigants, particularly prisoners.

 

The issue came up in connection with a Special Leave Petition arising from a 2014 Patna High Court judgment. A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra noted that the matter highlighted the persistent problem of delays in securing legal aid and in the transmission of case records. Instead of limiting itself to the merits of the case, the Court decided to examine the broader systemic reforms sought by the SCLSC.

 

The SCLSC presented a detailed set of directions for HCLSCs and jail authorities to streamline the handling of case files, affidavits, and custody documents so that appeals and legal aid petitions can be processed without undue delay.

 

For HCLSCs:

• Where an applicant directly approaches the SCLSC, the HCLSC must transmit the complete paperbook of the High Court and subordinate courts within seven days of requisition.

• If the applicant comes through the HCLSC, the paperbook must accompany the forwarding letter to the SCLSC.

• In non-criminal cases or where the applicant is not in custody, the HCLSC must forward the duly attested affidavit and vakalatnama within seven days of receiving them from the SCLSC.

• All documents must also be provided in scanned/digital form.

 

For Jail Authorities/Superintendents:

• When an inmate seeks legal aid via the HCLSC, the custody certificate, vakalatnama, and attested affidavit must be transmitted to the HCLSC (both hard and digital copies) within three days of request. The HCLSC must then forward the complete records—including the paperbook and lower court orders—to the SCLSC within seven days of request.

• Any additional documents sought later by the SCLSC or the assigned advocate must be furnished within seven days of the request.

 

Court’s Directions

 

While the Supreme Court stopped short of issuing binding directions at this stage, it ordered all HCLSCs and jail superintendents to file affidavits within two weeks indicating:

1. Compliance with earlier orders, statutes, and rules.

2. Steps already taken in line with the proposed framework.

3. Reasons for non-compliance, if any.

 

The bench directed the Registry to ensure strict compliance with these directions and listed the matter for further hearing on September 16, 2025.