The Uttarakhand High Court has taken a significant step towards ensuring justice for undertrials who are unable to secure their release due to financial constraints. In a recent directive, the Court has instructed the District Legal Services Authorities (DLSAs) of the State to hire Advocates for undertrials who are languishing in jail because they cannot afford to submit personal bonds for bail.
This move comes in response to a pressing issue highlighted by the Court, wherein 27 undertrials were unable to be released on bail simply because they could not provide the necessary bail bonds. The bench, comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, has emphasized the importance of addressing this issue promptly, in line with the principles laid down by the Supreme Court in the landmark case of Hussainara Khatoon and others Vs. Home Secretary, State of Bihar [(1980) 1 SCC 81].
Furthermore, the Court has drawn attention to a recent order issued by the Uttarakhand State Legal Service Authority, which significantly increased the fees of empanelled legal aid counsels. In light of this development, the Court has directed the DLSAs to ensure that Advocates hired for the purpose of assisting undertrials in obtaining bail bonds are provided with a similar level of compensation. Specifically, Advocates with at least three years of experience are to be offered the same amount of legal fees as empanelled Advocates upon application.
The Court has invoked its powers under Section 29A of the Legal Services Authorities Act, 1987, to facilitate this process. By amending the Uttarakhand State Legal Services Authority (Transaction of Business and other Provisions) Regulations, 2006, the Court has paved the way for experienced Advocates who provide free legal services to undertrials to receive fair compensation for their efforts.
In a bid to ensure compliance with these directives, the Court has instructed that a copy of the order be sent to Mr. Pradeep Mani Tripathi, Member Secretary of the State Legal Services Authority. This is intended to ensure that all District Legal Services Authorities are aware of and adhere to the Court’s instructions regarding the hiring and compensation of Advocates for undertrials in need of legal assistance.
This development is part of a larger effort by the Court to address systemic issues within the criminal justice system, particularly concerning the rights and welfare of undertrials. The case, which was taken up suo motu by the Court, underscores the importance of ensuring access to justice for all individuals, regardless of their financial circumstances.
In conclusion, the Uttarakhand High Court’s directive to hire Advocates for undertrials unable to submit bail bonds due to financial constraints is a significant step towards promoting justice and fairness within the legal system. By ensuring that experienced Advocates are adequately compensated for their services, the Court is taking a proactive approach to addressing the needs of vulnerable individuals within the criminal justice system.
