SUPREME COURT LEGAL SERVICES COMMITTEE Vs. UNION OF INDIA (UOI)
LAWS(SC)-1998-8-163
SUPREME COURT OF INDIA
Decided on August 18,1998

SUPREME COURT LEGAL SERVICES COMMITTEE Appellant
VERSUS
UNION OF INDIA (UOI) Respondents

JUDGEMENT

- (1.) In this matter, after passing numerous interim orders and after adjourning the case from time to time to enable the concerned Authorities to implement the provisions of the Legal Services Authorities Act, 1987, it is now reported that almost all the States have substantially complied with the implementation of the Act. In view of that, no further action is necessary, except to consider the directions as prayed for in the Writ Petition, which reads as follows: - "Issue appropriate writs, orders or directions in the nature of mandamus to each of the Respondents directing - - i) that they will, by issuing administrative orders/instructions ensure that every prisoner/convict is provided with free copy of the judgment of the Sessions Court or the High Court in her/his case or matter within 30 days of the pronouncement of such judgment and that the Registry of the Court concerned will personally endorse such copy to the Superintendent of the Jail for forwarding the same to the Petitioner; ii) the Superintendent of the Jail concerned to ensure that the judgment of the Sessions Court or the High Court, as the case may be, is read out to the prisoner and explained to him in the language as understood by him; iii) that the prisoner will be informed by the Superintendent of every Jail about the availability of legal aid in the High Courts and the Supreme Court and be asked whether he is desirous of exercising his constitutional right to avail of legal aid; iv) that every Jail will have to provide at the cost of the State Exchequer copy of Vakalatanama, proforma Affidavit in the form as required by the respective High Courts and the Supreme Court for being signed by the prisoner immediately upon expressing his intention to avail of legal aid; v) that the Superintendent of the Jail will ensure that complete papers/records of the case are sent to the Supreme Court Legal Aid Committee or the High Court Legal Aid Committee along with the signed Vakalatanama and Affidavit of the prisoner forthwith by registered post at the cost of State Exchequer and that if there is any delay in forwarding the papers, the reasons for forwarding the papers belatedly will accompany such papers. vi) that where the judgment of the Sessions Court and the High Court is in a language other than English, the Superintendent of the Jail will at State's cost arrange to have the same translated before sending the papers to the Supreme Court Legal Aid Committee or the High Court Legal Aid Committee, as the case may be." The learned Counsel appearing for various States submitted that no express direction is necessary as these directions are implied in the implementation of the Legal Services Authorities Act, 1987. None the less, the counsel appearing for various States have no objection to order the above prayer for directions.
(2.) Accordingly, we allow the prayer for directions as sought in the Writ Petition. The Respondents shall take immediate steps to carry out the above directions. The reference in the prayer for direction to "Legal Aid Committee" must be taken to mean and refer to the corresponding body now functioning.
(3.) In view of the above, this petition will stand disposed of accordingly.;


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