AI Structured Summary
Not yet generated for this judgment
Judgment
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
Admit. Mr.C.Christopher, learned Government Advocate(Crl.Side) takes notice for the respondent. Call for the records
Pursuant to our order dated 30.06.2026, a status report has been filed by the Superintendent of Prisons, Central Prison, Palayamkottai.
We are not satisfied with the said status report. We find that after approaching the convict prisoner immediately after his conviction in the year 2016, none of the officials from the District Legal Services Authority had approached the convict prisoner for the past 10 years and explained the provision of free legal aid for filing an appeal.
The learned Government Advocate(Crl.Side) brought to our notice that several directions have been issued by the Hon'ble Supreme Court with regard to the provision of free legal aid to the accused facing trial and the convict prisoners languishing in Prison. He has relied upon the following decisions:
Suhas Chakma vs. Union of India and others reported in (2024) 16 SCC 01.
Ashok vs. State of Uttar Pradesh reported in (2025) 2 SCC 381.
Shankar Mahto vs. State of Bihar reported in 2026 LiveLaw (SC) 379.
In Shankar Mahto vs. State of Bihar reported in 2026 LiveLaw (SC) 379, the Hon'ble Supreme Court of India has addressed the systemic delays in legal aid, formulated a Standard Operating Procedure (SOP) to streamline the appeals, and held that timely access to justice is a constitutional obligation under Articles 21 and 39A of the Constitution of India. In the said judgment, the Apex Court following its earlier judgment in Suhas Chakma vs. Union of India and others reported in (2024) 16 SCC 01, has issued directions regarding filing of appeals without the delay. We also find that the Apex Court while passing those orders, has directed its Registrar(Judicial) to forward copies of the judgment in Shankar Mahto's case(supra) to the Registrar Generals of all the High Courts in the country and they in turn, were directed to ensure that copy of the said judgment is placed before the learned Chief Justices and the Executive Chairpersons of the State Legal Services Committees, for necessary follow up action. The Apex Court also directed that the status report/compliance report be filed by all the concerned institutions by 30th April 2026.
In view of the above, the Registrar General, High Court, Madras, is directed to file a report as to whether the abovesaid directions issued in Shankar Mahto's case (supra) have been complied with or not.
Post the matter on 04.08.2026.