The Uttarakhand High Court has taken a significant step towards ensuring justice for undertrials who are unable to submit personal bonds for bail. In a recent directive, the Court has instructed the District Legal Services Authorities (DLSAs) of the State to hire Advocates to assist undertrials who are languishing in jail due to their inability to provide surety bonds.
This move comes in response to a status report filed by the authorities, revealing that 27 undertrials were unable to be released on bail because they had not submitted their bail bonds. The bench, comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, passed this directive in accordance with the Supreme Court’s decision in the case of Hussainara Khatoon and others Vs. Home Secretary, State of Bihar [(1980) 1 SCC 81].
Furthermore, the Court also referred to an order passed by the Uttarakhand State Legal Service Authority, which increased the fees of empanelled legal aid counsels. In light of this, the Court directed the DLSAs to provide the same amount of legal fees to Advocates with three years of experience who are hired to assist undertrials in obtaining bail.
The Court emphasized that under Section 29A of the Legal Services Authorities Act, 1987, Advocates providing free legal services to undertrials should be compensated appropriately. The Uttarakhand State Legal Service Authority has amended its regulations to ensure that Advocates with more than three years of experience, who are not empanelled, receive the approved fee schedule for their services.
In order to ensure compliance with this directive, the Court directed that a copy of the order be sent to Mr. Pradeep Mani Tripathi, Member Secretary of the State Legal Services Authority. It also instructed the State Legal Services Authority to send letters to all District Legal Services Authorities to ensure the implementation of the order.
This directive was issued in the context of a SUO MOTU PIL IN THE MATTER OF CONSIDERING THE INSPECTION REPORT AND TO REFORM IN DISTRICT JAIL Versus PRINCIPAL SECRETARY, WPPIL/38/2024. The Court’s decision reflects a commitment to upholding the rights of undertrials and 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 personal bonds for bail is a significant step towards addressing issues of access to justice and ensuring fair treatment for all individuals within the legal system. This move highlights the Court’s commitment to upholding the principles of justice and equality for all.