Supreme Court Seeks Responses Of HC Legal Services Committees & Jail Superintendents On SCLSC's Suggestions For Timely Filing Of Appeals

In a case concerning speedy legal aid for indigent litigants and prisoners, the Supreme Court Legal Services Committee (SCLSC) proposed a framework before the Supreme Court, which directed High Court Legal Services Committees (HCLSCs) and jail superintendents to file their responses to the suggested measures.

Although the case arose out of a Special Leave Petition against a Patna High Court judgment (2014), the bench comprising Justices Sanjay Karol and Prashant Kumar Mishra noted the long delay in filing and chose to focus on administrative reforms sought by the SCLSC. The Committee requested the Court to issue time-bound directions to High Court Legal Services Committees (HCLSCs) and Jail Superintendents for quicker handling of documents essential for providing legal aid

The Supreme Court Legal Services Committee has proposed the following framework for HCLSCs and Jail Superintendents:

“I. For High Court Legal Services Committee (HCLSC)

a. In cases where the applicant has directly approached the Supreme Court Legal Services Committee (SCLSC), the HCLSC must transmit the complete Paperbook filed before the High Court 4 and the Courts below within seven days of the requisition from SCLSC.

b. In cases where application for legal aid is forwarded from the HCLSC to SCLSC when the applicant has approached the HCLSC, the HCLSC should ensure that the complete Paperbook of the High Court and Courts below is accompanied along with the forwarding letter.

c. In cases where the matter referred to is not a criminal matter and/or the applicant is not in judicial custody, the HCLSC must forward the duly signed/identified vakalatnama and attested affidavit within seven days of receipt of the same from the SCLSC.

d. The HCLSC shall also send the soft scanned copies of all the documents to SCLSC.

II. Jail Authority/Jail Superintendent

a. In cases where the legal aid applicant is in judicial custody and approaches SCLSC through HCLSC, the Vakalatnama and custody certificate (with complete particulars) duly attested and signed by the Jail Authority/Jail Superintendent must be sent (digital and hard copy) to HCLSC within three days from the receipt of request received from the Prison in mate. The HCLSC shall send the Paperbook, true copy of order passed by the High Court and the lower courts records, alongwith documents received from the Jail (Vakalatnama, Custody Certificate and duly attested affidavit hard as well as scanned copy) to SCLSC within seven days from the date of receipt of request from SCLSC.

b. As and when the Advocate or the SCLSC sends a request for any additional document, the same must be sent to the SCLSC within seven days from the request received in this regard.”

The Court refrained from issuing final binding directions immediately. Instead, it required all concerned authorities to file affidavits within two weeks detailing compliance with existing rules, actions taken on the proposed framework, or reasons for any non-compliance.

“We direct all the authorities to file responses to the proposed directions along with affidavits indicating compliance with all earlier directions of this Court, as also the relevant statutes and rules. Steps taken for compliance with the above must be indicated and in case of non-compliance, explain the reason thereof. Let the needful be done within a period of two weeks. Registry to ensure compliance.”, the court ordered.

The matter is listed next on Sep.16, 2025.

Cause Title: SHANKAR MAHTO VERSUS THE STATE OF BIHAR

Click here to read/download the order

Senior Advocate Vibha Datta Makhija appeared as Amicus Curiae