While hearing bail applications of the accused who belong to weaker section of society, which led to delay in filing bail applications, the Allahabad High Court expressed concern that while the nation celebrates ‘Amrit Kal of Azadi’, the light of constitutional remedies are not reaching all jail inmates who live behind the dark wall of prisons.
Justice Ajay Bhanot made these comments while hearing a bunch of bail applications filed by one Ramu and nine others. In most of the cases before the court, the accused belonged to weaker sections of society and had no access to legal aid for over a decade, leading to delays in filing a bail application.
The court issued guidelines to ensure that prisoners have timely access to legal aid and bail pleas are not delayed. In matters of liberty, each moment is an eternity and there is no time to lose, the court added.
The court observed that the deprivation of liberties for this class of prisoners due to lack of legal aid is a recurring feature which has been repeatedly brought to the notice of the court.
It also highlighted the cases of other prisoners whose bail applications remain in cold storage as no efforts are made to argue the matter or press for an early hearing.
“These prisoners have no contact with their counsels, and are not aware of the status of their bail applications. This class of prisoners does not have effective pairokars or means of oversight to ensure diligent prosecution of their bail applications,” the court added.
Observing that courts have a paramount duty to ensure that prisoners appearing in criminal proceedings have access to legal aid and cannot remain mute spectators, the court said,
“Denial of legal aid causes violation of fair, reasonable and just procedure, unjustified incarceration, and curtailment of liberty. Articles 14 (right to equality) and 21 (right to life) of the Constitution of India which assure equality and protecting the life and liberty of a citizen respectively are engaged in these circumstances.
The court at length explained the duties of magistrates/trial courts, DLSAs and jail authorities and also issued specific guidelines to them for the implementation of the rights of accused persons
The court spoke of the need for jail authorities to assist prisoners in securing legal aid. It called for the use of IT solutions to ensure that information about every prisoner is auto-generated in every jail for their assistance, particularly in securing legal aid.
With regard to the DLSAs, the Court ordered that they shall maintain records of each prisoner, containing all information required for determining the need of a prisoner for legal aid and to file a bail application before the competent court. A similar direction to maintain records has been issued to the jail authorities.
Failure to file a bail application on a timely basis gives rise to an inference that the prisoner could not approach the court due to the lack of access to legal aid, the court added in its order dated August 7.
