Free legal aid extends to appeals, and courts must ensure eligible accused or convicts receive representation at State expense.

Article 39-A and the Legal Services Authorities Act, 1987 create a right to free legal aid for eligible persons, and that entitlement extends to appellate proceedings as well as trial. The court dealing with the matter must proactively inform an accused or convict of this right where circumstances require, rather than wait for an unassisted person to request aid. On that basis, the High Court was required to ascertain whether legal assistance was needed and, if so, provide representation at State expense. The matter was remitted for fresh hearing after affording legal representation.

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Issues: Whether an accused or convicted person is entitled as of right to free legal representation at the appellate stage, and whether the High Court was obliged to enquire whether such assistance was required and provide it at State expense.

Analysis: Article 39-A of the Constitution embodies the mandate of equal justice and free legal aid. The Legal Services Authorities Act, 1987, especially Sections 12 and 13, creates an entitlement to legal services for eligible persons and does not confine that entitlement to the trial stage. The constitutional guarantee and the statutory scheme apply equally to appellate proceedings. The settled law on fair procedure and effective legal aid requires the court dealing with the matter to inform the accused or convict of the right to legal assistance where the circumstances so warrant, rather than leaving the matter to the unaided person to demand it.

Conclusion: An accused or convict is entitled to free legal representation in appeal as well as at trial, and the High Court ought to have ascertained whether such assistance was required and, if so, provided it at State expense. The matter was therefore remitted for fresh hearing after affording legal representation.

Ratio Decidendi: The constitutional right to free legal aid and the statutory entitlement under the Legal Services Authorities Act extend to appellate proceedings, and the court must proactively ensure that an eligible accused or convict is informed of and afforded that assistance at State expense.

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