Skip to main content

Every Judge Shall Inform Convict About His Right To Appeal And To Avail Legal Assistance

The Calcutta High Court while hearing MALATI SARDAR VS STATE OF WEST BENGAL recently expressed concern over the “dismal failure in the matter of extending effective legal aid/assistance to convicts”, and made it mandatory for Judges across the State to inform convicts of their right to file an appeal and legal aid while disposing of a case.

The guidelines were issued by Justice Joymalya Bagchi in an Appeal filed by one Ms. Malati Sardar whose appeal took 6 years to reach the Court due to non-appointment of a lawyer on her behalf.

It then issued the following directions:

1. Every Judge while pronouncing a judgment of conviction and sentence shall inform the convict in a language which is understandable to him, his right to prefer appeal against such judgment including his right to avail of legal aid in that regard from the appropriate legal services authority under the Act of 1987. In the event, the appellant expresses his desire to prefer appeal with legal aid, the Judge shall send a free copy of the judgment to the Secretary of the concerned legal services authority attached to the appellate Court for necessary steps in the matter.

2. The aforesaid fact shall be endorsed at the foot of every judgment stating clearly that the right to prefer appeal with legal aid has been duly communicated to the understanding of the convict. Response thereto of the convict shall also be indicated in the body of the judgment.

3. Necessary amendments may be made to Chapter X of the Calcutta High Court Criminal (Subordinate Courts) Rules, 1985 so that such duty is imposed on the trial Judge at the time of delivery of judgment.

4. In addition thereto, Superintendent of the Correctional Home where the convict is received upon conviction shall also communicate to him such right and record his willingness, if any, to prefer appeal with legal aid in the records of the Correctional Home. In the event, the convict desires to prefer appeal with legal aid, the Superintendent of the concerned Correctional Home shall forth remit necessary papers not only to the registry of the appellate Court but also to the Secretary of the concerned legal services authority attached to the said Court for necessary steps in the matter.

5. Secretary of the concerned legal services authority attached to the appellate Court on receipt of the papers from the trial Judge or the Correctional Home authorities, as the case may be, shall immediately but not later than seven days appoint a lawyer from its panel, who has sufficient knowledge and expertise to deal with such cases, to prefer and prosecute the appeal on behalf of the appellant.

6. The lawyer so appointed shall, if necessary, interview the convict in the correctional home, file necessary pleadings in Court and prosecute the appeal in accordance with law. He shall submit quarterly reports to the Secretary of the concerned legal services authority as to steps taken by him and the status of the appeal till its disposal.

7. Registrar General of the High Court is directed to circulate a copy of this order to every judicial officer in the State of West Bengal to ensure that the aforesaid directions are duly complied with. He shall also initiate the procedure for amendment of the Criminal Rules and Orders, as proposed in the direction no (c), by the High Court in accordance with law.

8. Secretary, State Legal Services Authority shall circulate a copy of this order to all the Secretaries of the District and Sub-divisional Legal Services Authorities and give wide publicity to these directions amongst the general public for prompt and effective implementation of such directions.

9. Department is directed to communicate this order to the Director General of Correctional Services, West Bengal, who shall communicate this order to the  Superintendents of all the Correctional Homes in the State of West Bengal for prompt and effective implementation of the directions.”

Article referred: http://www.livelaw.in/every-judge-shall-inform-convict-right-to-appeal-avail-legal-assistance-calcutta-hc-issues-guidelines-read-judgment/

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...