Supreme Court orders expedited appeals for convicts with legal aid to prevent unfair delays in justice

The SC directed HC Legal Services Committees to expedite appeals for convicts represented by legal aid advocates to prevent delays. In a review of 361 cases, 232 involved fixed-term sentences (3-20 years) and 129 life sentences. The Court ordered committees to examine bail applications for fixed-term convicts who served over half their sentence and life convicts with eight years actual custody. NALSA was directed to circulate the order and monitor implementation across HCs to ensure legal aid representation doesn't disadvantage convicts through delayed appeals.

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Issues:
1. Application for modification of court order dated 07.07.2021.
2. Impleadment application dismissed.
3. Directions regarding jail petitions.
4. Pre-mature release of life convicts.
5. Appeals pending before High Courts.
6. Hearing of SLP (CRL.) No. 514/2021 on merits.

Analysis:
1. The Supreme Court allowed the application seeking permission to file an application for modification of the court order dated 07.07.2021. The Supreme Court directed that the Supreme Court Registry should be substituted in place of SCLSC as per the request made by the parties. The application for modification was disposed of accordingly.

2. The Supreme Court dismissed the applications for permission to file an application for impleadment and impleadment in view of the order passed regarding the modification of the court order dated 07.07.2021. The court found impleadment unnecessary and hence dismissed the applications.

3. The court issued directions regarding jail petitions, emphasizing the need for obtaining the current status of convicts, calling for custody certificates, and examining the eligibility for pre-mature release. The court also instructed NALSA to prepare documents and move jail petitions in appropriate cases. The court appreciated the efforts made in categorizing and disposing of cases while highlighting the deficiencies that need attention.

4. Regarding the pre-mature release of life convicts, the court discussed ongoing projects in different states and directed NALSA to contact relevant state governments for necessary exercises. The court expressed concern over the lack of response from certain states and granted liberty to take action if required information is not provided within a specified timeframe.

5. The court addressed appeals pending before High Courts, focusing on cases handled by High Court Legal Services Committees. Directions were issued for a similar exercise to be undertaken by different High Courts to prevent delays in hearing appeals. Specific guidelines were provided for cases with fixed term sentences and life sentences, emphasizing the need for timely legal aid representation.

6. The court adjourned the hearing of SLP (CRL.) No. 514/2021 on merits to a non-miscellaneous Tuesday in January 2022. The court discussed the aspects arising from the appeals pending before High Courts and the need for a detailed examination of cases with fixed term sentences and life sentences to ensure timely legal aid representation and consideration of appeals based on sentence undergone.

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