The Supreme Court dismissed a legal aid appeal filed without a convict’s consent, calling it a misuse of law. The Bench said filing an SLP solely under a NALSA programme without approval cannot be justified.
New Delhi: The Supreme Court of India has dismissed an appeal that was filed on behalf of a woman convict through legal aid, saying that it was done without her consent and only because of directions issued under a National Legal Services Authority (NALSA) programme.
A Bench of Justices Pankaj Mithal and Prasanna B Varale said that such an appeal, filed without the convict’s permission, amounts to misuse of the process of law.
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The Court clearly stated,
“As the petitioner never expressed any desire to file a special leave petition before this Court, we are of the opinion that the filing of the special leave petition only in view of NALSA programme is misuse of the process and the delay in filing the same does not stand explained at all.”
The Court was hearing a case linked to a 2018 judgment of the Punjab and Haryana High Court. The appeal had been filed after a long delay of 2,298 days, which the Supreme Court found to be completely unexplained.
Earlier, the Court had allowed the petitioner’s counsel to get instructions from jail authorities and file a better affidavit to explain why the appeal was delayed for such a long time.
Following this, the Superintendent of Central Jail, Kapurthala, filed an affidavit saying that the woman convict had never asked the jail authorities to file any appeal and that she was not willing to file it before the Supreme Court.
The affidavit also mentioned that the appeal was filed only because of the directions of the National Legal Services Authority (NALSA), which had instructed that free legal aid should be provided to prisoners and needy persons.
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The Bench took serious note of these facts and observed that filing a petition without the convict’s consent is a misuse of the process of law.
It also found that the explanation for the 2,298-day delay was not satisfactory and therefore refused to condone it.
Finally, the Supreme Court dismissed the petition on the ground of delay and lack of consent.
The case also brings focus to NALSA’s programme titled “Accessing Justice to Convicts in Prisons through Legal Services”, which was launched under the Legal Services Authorities Act, 1987.
This campaign aims to ensure that every prisoner in India receives free and effective legal aid as part of their right to access justice.
This scheme recognizes that convicts are among the most marginalized groups in the country, often unaware of their legal rights or appeal processes.
Across India, there are more than 1,100 Legal Services Clinics functioning inside jails. In these clinics, panel advocates visit regularly to provide legal advice, draft applications, and update inmates about their cases.
Additionally, para-legal volunteers, many of whom are trained convicts themselves, help bridge communication gaps between inmates and legal aid authorities.
They assist others in understanding how to navigate court procedures, apply for bail, parole, or remission, and ensure that no prisoner is left without proper legal guidance.
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The initiative was launched to deal with key problems such as lack of awareness about appeal rights, delays in filing petitions or Special Leave Petitions (SLPs), and limited access to parole or remission.
However, in this particular case, the Court made it clear that the intention behind such legal aid schemes should not be misused to file appeals without the consent of the concerned prisoner.
By dismissing the appeal, the Supreme Court emphasized that while the right to free legal aid is important, it cannot override a convict’s personal decision not to pursue a case.
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