Shankar Mahto vs. The State Of Bihar

REPORTABLE
2026 INSC 369

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION


CRIMINAL APPEAL NO. ___........................____ OF 2026
(Arising out of SLP (Crl.) No (s) .......... of 2026@Crl.MP. 7862 of 2017)


SHANKAR MAHTO ... APPELLANT(S)

VERSUS

STATE OF BIHAR ... RESPONDENT(S)
O R D E R
SANJAY KAROL, J.
THE APPEAL AND ITS PREVIOUS ORDERS
Delay condoned.
Leave granted.
1. While dealing with an appeal by the appellant, challenging the judgment
of conviction and sentence to death awarded to him and confirmed in terms of
Criminal Appeal No. 425 of 2002 passed by the High Court of Judicature at Patna,
Signature Not Verified
Digitally signed by
RAJNI MUKHI
Date: 2026.04.16
15:44:38 IST
Reason:
th
as per judgment dated 20 February, 2014, this Court in terms of the order dated
th
05 May, 2017, this Court noticed that inordinate delay was affecting matters in
which legal aid was involved. With an intent to find out the cause for the same
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and issue directions as may be necessary, Ms. Vibha Datta Makhija, learned
senior counsel, was appointed as amicus curiae to assist the Court. Since then,
th
the matter has been listed on numerous occasions. By order dated 16 October,
2019 it was recorded that various deliberations had taken place across agencies
1
including the Supreme Court Legal Service Committee and National Legal
Service Authority, with the learned amicus curiae , and the same had been
crystallized into a note of suggestions. Notices were sent to the High Courts/State
Governments/Union Territories to enable them to give their suggestions before
th th
any modalities could be finalized. The order dated 26 February 2020, and 5
March, 2020, reveals that the death reference from which the original proceedings
before this Court arose was decided, and as such, this miscellaneous petition was
de-tagged.
th
2. Order dated 19 January 2021 reads as under:-
“ We have noticed that in the special leave petitions filed by Supreme
Court Legal Services Committee (SCLSC) on behalf of the convicts,
there is an inordinate delay which becomes difficult to condone.
Needless to say, the situation brings about a lack of even handedness
in dealing with matters of condonation of delay. We see no reason
why these delays should continue to occur particularly with the
availability of tools provided by information and communication
technology which are easily available. In this matter, Ms. Vibha
Datta Makhija, learned Amicus Curiae, has submitted a report dated
15.01.2021 in consultation with the SCLSC on measures to curb the
delay. Valuable as that report is, we consider it appropriate to
constitute a Committee comprising of certain experts who would
examine all the suggestions and responses which may be received by
it from the High Courts as well as the other stakeholders. In view of
the other suggestions (Annexure B) by NALSA and the response
submitted by various High Courts, we find it appropriate to
constitute a Committee comprising of Secretary (Ministry of Home
Affairs), Government of India, Director General, National
Informatics Centre, Member (Process), E-Committee, Supreme
Court of India and Member Secretary, NALSA. The Committee shall
examine the aforementioned suggestions/responses and submit a
report with regard to digitization, translation and electronic
transmission of records to facilitate access to justice and timely filing
of appeals/SLPs by the convicts, by utilizing the Information and
Communication Technology tools, within four weeks. We have also
gone through the Module and the Note dated 16.10.2019 as per the

1
‘SCLSC’
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report for timely filing of appeals/SLPs of convicts though the Legal
Services Institutions. We therefore direct the High Courts to submit
their responses to the Committee through their Registrars General
within two weeks. The Committee shall submit its report within two
weeks’ thereafter. The Secretary General of this Court shall
coordinate meetings of the Committee....”

rd
3. By order dated 23 May 2025, certain questions were put to the Secretary
of the SCLSC, and he was required to file an affidavit in that regard. The
questions are as follows :-
“i. What is the current pendency upto 30.05.2025, i.e. out of the
total requests received by the SCLSC so far. How many cases have
been filed, and how many are under consideration?
ii. What has been the year wise average days of delay in filing
petitions of applicants under each category of applicants as provided
under Section 12 of the Legal Services Authorities Act, 1987, after
Operation Cleanup in the year 2018?
iii. Is there adequate infrastructure and staff to deal with the load
of SCLSC?
iv. What are the reasons for delay, and how have those delays
been addressed?
v. What is the status of online connectivity between the SCLSC
with other stakeholders like High Courts, Prisons, Panel Counsels
etc?”

The Supreme Court Legal Services Committee, in response to the above
posed queries, submitted in affidavit dated 14.07.2025, the relevant portion of
which is extracted as under:-
“ POINT WISE RESPONSE TO THE DIRECTIONS ISSUED BY
THIS HON’BLE COURT ON 23.5.2025
I. In response to direction (i) i.e., “what is the current
pendency, upto 30.5.2025, for the total requests received by the
SCLSC, how many cases have been filed and how many cases are
under consideration”, the following data as taken from the SCLSC
website portal is extracted herein below in tabular form for the
convenience of this Hon’ble Court:



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(a) The data of total cases assigned to the Panel Advocates for the period
between 01-01-2025 to 30-05-2025 is as per the information available
on the SCLSC website portal and manual record as the data of newly
increased panel advocates has to be updated. (As per information
available on the SCLSC website portal is 745 and manual record is
1074).
(b) The updated data of the actual cases filed/pending before the
Hon’ble Supreme Court is not available on the SCLSC website portal
as there is no official intimation or updating on the login IDs by the
panel advocates post assignment.

Average year wise delay in filing petitions
II. In response to directions/query (ii), i.e. the average year wise delay
in filing petitions of applicants under the categories enumerated under
Section 12 of the Legal Services Authorities Act, 1987, after the
Operation Cleanup in the year 2018, it is submitted that the feature
providing for the information regarding the delay caused in the filing of
petition is not available on the SCLSC website portal.
Mode of availing legal aid services
The procedure for grant of legal aid is brought to the knowledge of this
Hon’ble Court which is as under:
(a) The SCLSC has made provisions for receiving the applications from
the persons seeking legal aid services, both in physical form and
through the SCLSC online portal (sclsc.gov.in).
(b) The legal aid application can also be submitted through:

(i) the High Court Legal Aid Services Committee (HCLSC) or;
(ii) the district legal aid authorities or;
(iii) jail authorities or;
(iv) NALSA Portal or;
(v) Directly from the litigant.

Procedure in availing legal aid services
(c) That there is a mandatory check list of documents which are
necessary for the purpose of consideration of grant of legal aid before
approaching this Hon’ble Court. The persons seeking legal aid can seek
assistance of the HCLSC for completion of documents. On completion
of documents, the cases are then referred to the screening committees,
consisting of Senior Advocates, to render an opinion on the merits of
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the applications. The cases of applicants under judicial custody are
directly assigned to the panel advocates.
(d) That on 29.11.2014, under the Chairmanship of Hon’ble Mr. Justice
T. S. Thakur, Judge, Supreme Court of India & Executive Chairman,
NALSA a resolution was passed which reads as under:

“3. All matters that are required to be filed before the Supreme Court
be processed and prepared by the High Court Legal Services
Committee, including translations of documents and that SLSAs
transfer adequate funds to High Court Legal Services Committees for
preparation and translation of documents before dispatch to the
Supreme Court Legal Services Committee for filing.”

(e) That in terms of the circular dated 13.4.2015 issued by the SCLSC
(adopting the circular issued by NALSA dated 19.2.2015), all legal aid
cases which are to be filed before this Hon’ble Court, are to be prepared
and processed by the HCLSC, before they are dispatched to SCLSC for
filing.
(f) That on completion of documents the matters which are civil in
nature or criminal in nature confined to the cases pertaining to the
complainant, quashing, transfer, etc. are referred to the Ld. Screening
Committee (consisting of Senior Advocates to render opinion on the
merits of legal aid applications). The cases recommended by the Ld.
Screening Committee are processed further. The cases of persons under
judicial custody/prison are directly assigned to the panel advocate for
filing the matter before the Hon’ble Supreme Court.
(g) That the assignment letter assigning the case to the panel advocates
specifically stipulates to file the case within 15 days. There is a Login
ID of each Panel Advocate and the legal aid applications along with
documents which are scanned and indexed are also available in the
respective Login IDs immediately on assignment. The panel advocates
and the legal aid applicant can communicate directly on the address and
contact number of both given in the assignment letter.
However, there is no timely official communication by the panel
advocate regarding the filing of the case before the Hon’ble Supreme
Court or the orders passed by the Hon’ble Supreme Court till the
submission of bill and return of documents by Panel Advocate to
SCLSC after disposal of the matter.
III. That in response to directions (iii), i.e., availability of adequate
infrastructure and staff to deal with the load of SCLSC, it is submitted
that SCLSC is well equipped with infrastructure and staff.

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Reasons for Delay in filing legal aid applications before the Hon’ble
Court

IV. In response to directions (iv), i.e., the reasons for delay, and
how have those been addressed, it is submitted that the reasons for delay
are broadly identified as under:
(a) Submission of legal aid application after delay by the legal aid
applicant;
(b) submission of incomplete documents by the legal aid applicant;
(c) delay caused by the panel lawyers in filing the petitioner after
assignments of the matter.
(d) Translations of vernacular documents, custody certificate to be
obtained from jailors, retrieving records from the high court in case of
appeals, collating information from the litigant/ or next friend in case
of death of parties are some of the causes for delay.

Methods adopted to curb the delays
That there are various methods adopted by SCLSC to curb the delays
which are as under:-

(e) That recently, there was a massive campaign initiated in January
2025 (Mission Mode). Vide letter dated 10.1.2025, the Director General
of Prisons and Member Secretaries of High Court Legal Services
Committees and the State Legal Services Authorities were
communicated with the decisions of the Hon’ble Chairman, SCLSC
requesting to collect the data with respect to:-

▪ Matters in which High Court has upheld the conviction but inmate
has not yet filed appeal.
▪ Matters is which the prisoners have remain in jail for half/more than
half of sentence period and bail prayer rejected by the High Court but
inmate has not yet moved this Hon’ble Court.
▪
Prisoners whose remission/pre-mature release has been rejected by
the state sentence review board and writ against that order has also been
rejected by the High Court but inmate has not yet moved this Hon’ble
Court.
It was requested to send the details of prison inmates covered under
aforesaid three categories and willing to avail legal services of Supreme
Court Legal Services Committee.
Thereafter, reminders were sent on 06.02.2025 and 19.02.2025 to the
authorities for furnishing the requisite data in pursuance of the
MISSION MODE. Further, a letter dated 05.03.2025 was sent to the
Authorities to provide complete documents with respect to the inmates
whose names were mentioned in the data collected and who were
willing to avail legal aid services.
A video conference chaired by Hon’ble Justice Suryakant, the then
Chairman of SCLSC was held on 01.04.2025 with the Hon’ble
Chairpersons of all the State Legal Services Authorities and High Court
Legal Services Committees regarding MISSION MODE.
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The letter dated 05.04.2025 was sent to all the Concerned Authorities
requesting to expedite furnishing of the documents.
The another letter dated 05.04.2025 was sent to all the Concerned
Authorities in pursuance of the Video Conferencing dated 01.04.2025
to constitute a team of 05 Panel Advocates for visiting the jails to create
awareness among the inmates and submit a stage wise report to SCLSC.
The letter dated 03.05.2025 was sent to the Registrar Generals of all the
High Court communicating the virtual interaction scheduled on
05.05.2025 at 5.30 P.M. of the then Hon’ble Chairman, SCLSC with the
Hon’ble Chief Justices of High Courts, Hon’ble Executive Chairperson
of SLSAs and HCLSCs.
It is submitted that, after the successful implementation of Mission
Mode, SCLSC is now receiving legal aid applications along with
documents from the various Legal Services Authorities to provide legal
aid to the jail inmates.
(a) The panel of Advocates in the category of AOR, Non-AOR and
Arguing Counsel is reconstituted by expanding the panel and additional
advocates have been taken on the panel and the number is increased.
(b) An additional category of Assisting Counsels has been introduced
who will provide assistance to the AORs, Non AORs and Arguing
Counsels to ensure timely filing and assistance in preparation of the
cases.
(c) The number of the Ld. Screening Committee is increased for
expeditious grant of legal aid.

V. That In response to directions (v), i.e. the status of online
connectivity between SCLSC is as under:

• The facility of online connectivity through video conferencing and
intercommunication with the High Court Legal Services Committee,
Prisons, Panel Counsel, etc. is available on the SCLSC web portal i.e.,
sclsc.gov.in.

•
Separate Login IDs are allotted to the HCLSCs, SLSAs, DLSAs,
TLSAs, Prisons, Panel Counsels and any communication is
immediately is shown in the respective Login IDs.

• The stakeholders including the legal aid applicants can apply for
counseling/meeting through video conferencing and on receipt of such
application a date and time is given on which the said
counseling/meeting can be facilitated.

The status of the legal aid applications submitted by the legal aid
applicant can be checked on the SCLSC web portal.”


4. The Supreme Court Legal Service Committee, sought directions from this
st
Court in the following terms as recorded in order dated 01 September 2025.
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There appears to be some laxity on part of the authorities to furnish affidavits in
terms of our order which anguish us (order dt 16.09.2025 to be picked) and as
such we had requested the Learned Amicus Curiae to interact with the
Chairpersons of the Legal Service Authorities and furnish the requisite
information in tabular form.
st
“Order dated 01 September, 2025
“I. For High Court Legal Services Committee (HCLSC)
a. In cases where the applicant has directly approached the Supreme
Court Legal Services Committee (SCLSC), the HCLSC must
transmit the complete Paperbook filed before the High Court and the
Courts below within seven days of the requisition from SCLSC.
b. In cases where application for legal aid is forwarded from the
HCLSC to SCLSC when the applicant has approached the HCLSC,
the HCLSC should ensure that the complete Paperbook of the High
Court and Courts below is accompanied along with the forwarding
letter.
c. In cases where the matter referred to is not a criminal matter and/or
the applicant is not in judicial custody, the HCLSC must forward the
duly signed/identified vakalatnama and attested affidavit within
seven days of receipt of the same from the SCLSC.
d. The HCLSC shall also send the soft scanned copies of all the
documents to SCLSC.
II. Jail Authority/Jail Superintendent
a. In cases where the legal aid applicant is in judicial custody and
approaches SCLSC through HCLSC, the Vakalatnama and custody
certificate (with complete particulars) duly attested and signed by the
Jail Authority/Jail Superintendent must be sent (digital and hard
copy) to HCLSC within three days from the receipt of request
received from the Prison in mate. The HCLSC shall send the
Paperbook, true
copy of order passed by the High Court and the lower courts records,
alongwith documents received from the Jail (Vakalatnama, Custody
Certificate and duly attested affidavit hard as well as scanned copy)
to SCLSC within seven days from the date of receipt of request from
SCLSC.
b. As and when the Advocate or the SCLSC sends a request for any
additional document, the same must be sent to the SCLSC within
seven days from the request received in this regard.”

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Order dated 16.09.2025:

“We express our anguish in the manner in which the statutory
authorities have not chosen to respond to the orders passed by this
Court.
2. Under these circumstances, we request Ms. Vibha Dutta Makhija,
learned amicus curiae, to personally get in touch with the Chairman
of all the State Legal Services Authorities with a further request to
them, ensuring necessary compliance of the order before the next
date of 4 hearing.”

5. In view of the above orders, the matter came to be reserved for orders.

LEGAL AID: A CONCEPTUAL AND LEGAL INTRODUCTION

6. Legal aid, simply put, refers to the provision of free or affordable legal
services to individuals who lack the economic or social capacity to access justice
through conventional means. It rests on the idea that equality before the law must
be real and not symbolic. Legal aid helps ensure that rights are not confined to
those who can afford legal representation, but are available to all, including the
poor and marginalized. In this sense, it plays a crucial role in making legal
protections meaningful. In India, the concept of legal aid is closely tied to the
vision expressed in the Preamble of the Constitution, which promises justice be it
social, economic, and/or political, along with equality of status and opportunity,
and affirms the secular character of the State. Social justice, in this context,
requires the State to reduce structural inequalities and protect vulnerable groups
from exclusion and exploitation. Legal aid contributes directly to this goal by
enabling disadvantaged individuals to assert their rights and seek remedies against
injustice. Political justice, on the other hand, is concerned with ensuring
meaningful participation in democratic processes and equal access to institutions
of governance. Without access to legal advice and representation, many citizens
would find it difficult to exercise these rights effectively, whether in matters of
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voting, representation, or challenging arbitrary state action. The commitment to
secularism further strengthens the case for legal aid, as it demands that the legal
system remain neutral and accessible to all individuals irrespective of religion,
ensuring that justice is administered without discrimination or bias. This
commitment was given a clear constitutional expression through the insertion of
Article 39A by the 42nd Constitutional Amendment Act, 1976. Article 39A
directs the State to promote justice on the basis of equal opportunity and to provide
free legal aid so that no individual is denied access to justice due to economic or
other disadvantages. While the legacy of the 42nd Amendment remains contested
because of its enactment during the Emergency period from 1975 to 1977, Article
39A is arguably one of its most constructive and enduring contributions. It firmly
situates access to justice within the Directive Principles of State Policy. Over time,
the Judiciary has further strengthened this framework by linking legal aid to
Article 21 of the Constitution, which guarantees the right to life and personal
liberty. Courts have interpreted this right to include fair legal procedures and
access to legal representation, thereby reinforcing the centrality of legal aid in a
just legal system. On the whole these developments show that legal aid in India
is not merely a matter of policy, but a constitutional responsibility that advances
the broader ideals of justice, equality, secularism, and fairness envisioned in the
Preamble.

7. The development of this concept through judicial pronouncements is
important to note for the purposes of the directions issued in this Judgment. At the
2
outset, it be noted that in Sunil Batra v. Delhi Administration held that prisoners
do not surrender their fundamental rights at the prison gate. In that context, let us
proceed further.
The most recognizable name in the line of cases of this Court, furthering
the Directive Principles of State Policy as mentioned in Article 39A of the

2
(1978) 4 SCC 494
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3
Constitution of India, is Hussainara Khatoon v. State of Bihar , in which the
Court held that the speedy trial to be a facet of Article 21 and free legal aid is an
essential component of fair, just and reasonable procedure in law. It was
emphasized that the State had an obligation to ensure access to justice and that
the Court was required to take steps to provide legal representation and expedite
criminal trials. Even before this, in the year 1978, this Court in Madhav
4
Hayawadanrao Hoskot v. State of Maharashtra held that the right to counsel
was a fundamental right traceable to Article 21.
We take note of another case from the same year i.e., Khatri (II) v. State
5
of Bihar in which it was held that free legal aid is a fundamental right and that
it attaches from the moment the accused is first produced before a Magistrate
and not only at the commencement of the trial. Further, it was held that the right
to legal aid does not depend on a request to that effect from the accused, thereby
placing a positive obligation on the State to provide the same.
6
Most recently, this Court in Suhas Chakma v. Union of India speaking
through K.V. Viswanathan, J. extensively dealt with this issue of systemic
deficiency in access to free legal aid for prisoners, particularly the under trials.
The Court discussed the Standard Operating Procedures prepared by NALSA,
on “ Access to Legal Aid to Prisoners and the Functioning of Prison Legal Aid
Clinics-2022”; “Standard Operating Procedures for the smooth functioning of
Under Trial Review Committees”, among others, including the e-prison
module/e-kiosks in prisons. Some of the relevant extracts of the judgment
including the directions issued therein are as follows:-
“ Pre-litigation assistance
34. One of the important areas where legal aid, was in the initial days
found wanting was in the pre-litigation arena. NALSA has risen to the
occasion by introducing “Early Access to Justice at Pre-Arrest, Arrest
and Remand Stage Framework”, under which all DLSAs upon

3
(1980) 1 SCC 81
4
(1978) 3 SCC 544
5
(1981) 1 SCC 627
6
2024 INSC 813
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receiving the intimation of request of the suspect/arrestee to have free
legal assistance during interrogation, shall inform the deputed lawyer
as per the duty roster. The assigned lawyer is to then to go to the police
station concerned to provide legal assistance to such persons.
… … …
37. NALSA lawyers step in to obtain translated copies of documents
wherever necessary; ensure that in case of a foreign national, the High
Commission concerned is informed and also make submissions if the
suspect/arrestee appears to be a child/juvenile. Statistics reveal that as
of June 2024, 17,894 suspects have been given legal assistance at the
pre-arrest stage at the police station. Of them, 7466 were not arrested.
It is set out that 13,747 accused were provided assistance at the police
station before producing them in courts, 94,875 at the remand stage,
37,929 bail applications were filed at the remand stage in which 20,182
accused were granted bail. While we commend NALSA for the steps
taken, we also direct that they continue to keep up the momentum and
plug the gaps, if any, which they themselves have fairly identified and
placed before the Court.
Directions
48. In view of the above, we dispose of the matter by issuing the
following directions:
48.1. While commending the work already done by NALSA, the SLSAs
and the DLSAs, we have no reason to doubt that the Legal Services
Authorities at different levels will continue to work with the same
momentum to achieve the constitutional objectives and objectives of the
Legal Services Authorities Act, 1987.
48.2. NALSA in cooperation with the SLSAs and the DLSAs will ensure
that the SOP on Access to Legal Aid Services to prisoners and
functioning of PLACs are operated efficiently in practice. NALSA will
periodically update and improve the measures prescribed under the
SOP-2022 so as to address any of the inadequacies that may emerge
while operating the same at the field level.
48.3. The Legal Services Authorities at different levels will adopt
methods to strengthen the monitoring of PLACs and to review their
functioning periodically.
48.4. The Legal Services Authorities will periodically update the
statistical data and after analysing the results take steps to address the
shortcomings that may come to light.
48.5. The Legal Services Authorities, at all levels, should ensure that
the Legal Aid Defence Counsel System, which is a pioneering measure,
functions to its full potential. In this regard, periodic inspection and
audit of the work of the Legal Aid Defence Counsel should be carried
out. Steps should also be taken to improve the service conditions of the
personnel working in the Legal Aid Defence Counsel System, whenever
it is felt necessary and appropriate.
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48.6. For the success of the functioning of the legal aid mechanism,
awareness is the key. A robust mechanism should be put in place and
periodically updated to ensure that the various beneficial schemes
promoted by the Legal Services Authorities reaches the nook and corner
of the nation and particularly, to those whose grievances it has set out
to address. Adequate literature including in the local languages in the
States and appropriate promotional methods should be launched so that
the consumers of justice to whom the schemes are intended can make
best use of the same.
48.7. In this regard, inter alia, the following measures to create
awareness could be undertaken through the length and breadth of the
nation to spread the message of the availability of legal aid:
(a) In public places like police stations, post offices, bus-stands, railway
stations, etc. boards in prominent places be displayed furnishing the
address for contact and the phone numbers of the nearest legal aid
office. This should be done in the local language and in English.
(b) Promotional campaigns in the local language be undertaken
through radio/All India Radio/Doordarshan. This will be in addition to
the promotional measures undertaken through the digitalisation
process — like hosting of websites and prominent mention thereon on
the landing page of the legal services authority wherever permissible.
(c) To create complete awareness about the existence of legal aid
schemes, promotional campaigns may include such other creative
measures including organisation of street corner plays (nukkad natak)
in rural areas so that the poor rural masses comprehend the facility
available to them through the legal aid scheme. These should be
undertaken without dislocating the normal life of citizens. Further,
these measures will not only create awareness about legal aid to the
accused but will also create awareness for the victims and for those
whose civil rights have been infringed.
48.8. The Legal Services Authorities will periodically review and
update SOP-2022 for the Undertrial Review Committee (UTRC).
48.9. The huge gap between total number of persons identified by the
UTRC and the number of persons recommended for release should be
looked into and adequate corrective measures be taken. Similarly, the
difference between the number of prisoners/inmates recommended for
release and the number of bail applications filed should be particularly
looked into by NALSA/SLSAs/DLSAs and adequate corrective measures
taken.
48.10. The “Early Access to Justice at Pre-arrest, Arrest and Remand
Stage Framework” established by NALSA for pre-litigation assistance
should be diligently pursued and the work undertaken under the
framework be periodically reviewed.
48.11. Interaction by the Legal Service Authorities at different levels
with convicts who had not preferred appeals should be periodically
undertaken and the convicts be informed of their right to free legal aid.
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48.12. Periodic interaction should be held with jail visiting lawyers
(JVLs) and Para Legal Volunteers (PLVs). This is to ensure updation of
their knowledge so that the system functions efficiently as a whole.
48.13. Steps for continuing education of lawyers involved in pre-
litigation assistance and those associated with the Legal Aid Defence
Counsel set-up should be provided by Legal Services Authorities. Apart
from this, it should also be ensured that adequate law books and access
to online libraries are available to lawyers engaged at the pre-litigation
assistance stage and those involved with the Legal Defence Counsel set-
up.
48.14. Periodic reports should be submitted by the DLSAs to the SLSAs
and the SLSAs to NALSA, if not already done. NALSA should digitise
the whole process whereby at the Central level NALSA can, on the click
of a button, get details of the updates done by SLSAs and DLSAs on
regular basis.
48.15. The Union of India and the State Governments shall continue to
extend their cooperation and assistance to the Legal Services
Authorities at different levels for the effective implementation of the
measures taken by them.
48.16. We direct the Registry to forward a copy of this judgment to all
the High Courts in the country. The High Courts may consider the
feasibility of issuing a practice direction to the effect that all courts
including the High Court while furnishing the copy of the judgment of
conviction/dismissal/reversal of acquittal/dismissal of bail
applications, may append a coversheet to the judgment informing the
convict about the availability of free legal aid facilities for pursuing
higher remedies. The coversheet may set out the contact address and
phone number of the legal aid committee attached to the court for
seeking appropriate guidance. Similar information may be made
available in the notices issued to the respondents by the courts
concerned in appeals against acquittal. The High Courts may on their
webpage carry information about the legal aid facilities available in
the State.”

DELIBERATIONS AND THE RESULTS THEREOF

8. The purpose of the deliberations before this Court should aim to take
forward the position as it stands after the above judgment. The end result of the
continued deliberations carried out by Ms. Makhija, learned amicus curiae has
resulted in the preparation of the following Standard Operating Procedure, duly
seconded by Ms. Aparna Bhat, learned senior counsel for SCLSC and Ms.
Rashmi Nandakumar, learned counsel appearing for NALSA.
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“STANDARD OPERATING PROCEDURE (SOP) FOR
TRANSLATION AND TRANSMISSION OF RECORDS FOR
FILING LEGAL AID APPEALS AND SPECIAL LEAVE
PETITIONS (SLPS), 2025
1. OBJECTIVE

1.1 The primary objective of this SOP is to establish a
structured, efficient, and accountable framework for the timely
translation, transmission, and monitoring of case records in legal aid
matters. This is particularly critical in criminal cases where
procedural delays can significantly hinder the filing of appeals or
Special Leave Petitions (SLPs) before higher courts, infringing on
the rights of convicts to speedy justice.

1.2 This SOP aims to:

(i) Minimise delays in the legal aid process by setting clear
timelines and responsibilities.
(ii) Ensure high-quality, accurate translations of judicial
documents to facilitate effective representation.
(iii)
Promote coordination among various stakeholders,
including High Court Legal Services Committees (HCLSCs),
District Legal Services Authorities (DLSAs), State Legal Services
Authorities (SLSAs), Supreme Court Legal Services Committee
(SCLSC), National Legal Services Authority (NALSA), jail
authorities, and translators.
(iv) Incorporate digital tools for real-time tracking and
transparency.
(v) Uphold constitutional principles under Articles 21, 39A, and
142 of the Constitution of India, ensuring access to justice for all
legal aid beneficiaries.
(vi) Address systemic issues such as translator shortages,
communication gaps, and documentation errors through proactive
monitoring and accountability measures.
1.3 This SOP applies to all legal aid cases filed/pending before
the High Courts and the Supreme Court.
2. SCOPE AND DEFINITIONS
2.1 Scope

This SOP covers the entire lifecycle of record handling in legal aid
cases, appeals and SLPs, from the pronouncement of judgment in
the Trial Court to the filing of appeals/SLPs before the High Courts
and the Supreme Court. It includes translation, digitisation,
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transmission, monitoring, and quality control processes. It is
mandatory for all HCLSCs, DLSAs, SLSAs, SCLSC, NALSA, and
associated jail authorities across India.
2.2 Definitions
(a) Certificate of True Translation: A sworn affidavit certifying
the accuracy and fidelity of the translated document.
(b)
Declaration of Non-Association: A statement by the
translator affirming no personal or professional connection to the
case or parties involved.
(c) Impugned Judgment: The judgment or order being
challenged before the High Courts and/or the Supreme Court.
(d) Legal Aid Matter: Cases where free legal services are
provided to eligible persons under the Legal Services Authorities
Act, 1987, at any level.
(e)
Source Language: Language in which the vernacular records
of the particular High Court are maintained.
(f) Video Conferencing (VC): Secure digital meetings using
platforms compliant with data protection standards as per court
procedures.
3. CATEGORIZATION OF CASES

To prioritise resources and ensure expedited handling for urgent
matters, cases shall be categorised based on the nature and severity
of the case. Prioritisation shall influence timelines, resource
allocation, and monitoring frequency.

3.1 Category A1: High-Priority Criminal Cases
3.1.1 Includes cases involving death sentences, life imprisonment,
or sentences of ten years or more, of persons in custody and cases
of Juvenile Offenders.
3.1.2 Rationale: These cases involve severe liberty deprivations
and require immediate action to prevent prolonged injustice.
3.1.3
Additional Requirements: Mandatory daily status updates
during the initial 15 days post-judgment.
3.2 Category A2: High-Priority Civil Cases
3.2.1 Matters relating to the imminent apprehension of the
demolition of property.
3.2.2 Matters relating to dispossession, eviction etc.
3.2.3 Matters pertaining to medical termination of pregnancy.
3.2.4 Matters pertaining to the custody of children.
3.2.5 Any other category of cases duly notified by the HCLSCs
3.3 Category B: Medium-Priority Criminal Cases
3.3.1 Includes cases involving sentences of less than ten years but
more than one year, or cases with significant human rights
implications (e.g., women, or SC/ST atrocity cases).
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3.3.2 Rationale: Balances urgency with resource constraints for
less severe but still critical matters.
3.3.3 Additional Requirements: Bi-weekly reviews and
prioritised translator assignment.
3.4 Category C: Civil and Other Cases
3.4.1 Includes all other civil matters, family disputes, property
cases, and criminal cases with sentences of one year or less.
3.4.2 Rationale: These are handled on a standard timeline unless
escalated due to exceptional circumstances (e.g., involving
vulnerable groups).
3.4.3 Additional Requirements: Quarterly audits for compliance.
3.4.4 Escalation Protocol: Any case may be re-categorised upon
review by the HCLSC Monitoring Committee if new facts emerge
(e.g., health deterioration of the convict).

4. TRANSLATION AND DOCUMENTATION
4.1 Initiation of Translation
4.1.1 Translation shall commence immediately upon:
(a)
Admission of an appeal for final hearing in the High Court, or
(b) Receipt of the convict's consent for appeal in criminal cases,
and
(c) Acknowledgment of eligibility for grant of legal aid by the
Legal Service Institution i.e., HCLSC/SCLSC.

4.1.2 All documents shall be scanned and digitised before and
after translation to enable secure sharing.
4.2 Priority Documents for Translation
4.2.1 The following documents shall be translated on a priority
basis to be filed along with the appeal/SLP:
a. judgment, (full text, including reasoning and operative part),
orders and pleadings
b. Statements of at least two principal witnesses including cross-
examination.
c. First Information Report (FIR) and chargesheet (including
annexures)
d. Relevant exhibits, such as medical reports, forensic evidence, or
property documents
e. Trial court records, including depositions of key experts (e.g.,
doctors, ballistic experts)
f. Bail applications, interim orders, and any prior appellate
decisions
g. Convict's personal details, including socio-economic background
for legal aid eligibility.


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4.2.2 The rest of the lower court record shall be fully translated
ensuring completeness of the record, which will be filed within 60
days of filing the appeal/SLP.

4.3 Translation Standards
4.3.1 Translations must be from the original language (e.g.,
regional languages) to English, unless specified otherwise by the
appellate court 4.3.2 Use legal terminology consistent with standard
judicial glossaries
4.3.3 Every translated document shall include:
(a) A unique reference number linking it to the original (b)
Page-wise cross-references.
(c) Certificate of True Translation signed by the translator and
supervisor
(d) Declaration of Non-Association with the case or the parties
signed by the translator and supervisor to avoid conflicts of interest
4.3.4 Formats: Translations shall be in PDF with searchable text,
watermarked for authenticity.

4.4 Handling Sensitive Information
4.4.1 Redact personal identifiers (e.g., names of the
victims/Protected witnesses’ addresses, Aadhaar numbers etc.) in
compliance with data protection laws
4.4.2 Ensure that translations of sealed documents (e.g., in-
camera proceedings) are handled confidentially and sensitively.

5. TIMELINES AND RESPONSIBILITIES

5.1 The following table outlines key stages, responsible
authorities, actions, and timelines. All timelines are mandatory
and subject to extensions only with documented justification
and approval from the SCLSC.

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APPEAL BEFORE THE HIGH COURT – CRIMINAL CASES

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SLP/APPEAL BEFORE THE SUPREME COURT – CRIMINAL CASES

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Note: Non-compliance with timelines will trigger automatic alerts and may result in
potential disciplinary action.
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6. TRANSLATOR ENGAGEMENT AND OVERSIGHT
6.1 Recruitment and Empanelment
6.1.1 All High Courts to create and sanction regular/ contractual
posts of Translators and Translation Supervisors which must not be
less than one third the judge strength of the respective High Courts,
and fill all posts within 90 days of vacancy
6.1.2 Additionally, panel Translators to be paid market per page
rates to be determined by respective High Courts, the expenses of
which will be borne by the respective High Courts.
6.1.3 Minimum Eligibility Criteria for Translators:
(a) Bachelor's degree in source language and/or English; preference
for LL.B. or legal certification;
(b) Minimum 2 years of translation experience in legal/judicial
contexts; (c) Proficiency in at least two languages (source and
English).
6.1.4 Minimum Eligibility for Translation Supervisors:
(a) Post Graduate Diploma in Translation (PGDT), and/or
Bachelor’sDegree in Source Language or English;
(b) LL.B. degree;
(c) Minimum 5 years of translation experience in legal/judicial
contexts;(d) in at least two languages (source and English).
6.1.5
Empanelment Process:
(a) Open advertisement and screening by a committee (HCLSC
Secretary,judicial officer, language expert);
(b) Written proficiency test (legal text translation) and interview;(c)
Background verification for integrity.

6.2 Training and Development
6.2.1 Mandatory induction training on legal terminology, ethical
standards, and digital tools (duration: 5 days).
6.2.2 Annual/Periodic refresher courses and workshops on
emerging legal issues.
6.2.3 Performance Metrics: Accuracy rate >95%, turnaround time
adherence.
6.3 Oversight Mechanisms
6.3.1 All translations shall be assigned as per the time-lines
indicated above.
6.3.2 All translations shall be verified within 15 to 30 days of
submission, failing which the concerned officer shall be required to
furnish an explanation for the delay.
6.3.3 Each translation shall be checked, verified and vetted by the
Translation Supervisor.
6.4 Remuneration and Incentives
6.4.1 Fixed salary for permanent posts as per the respective High
Court pay-scales; 6.4.2 per-page rates for panel translators at
market rates; and
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6.4.3 Incentives for timely completion in Category A cases.
6.4.4 Periodic revisions of rates are made commensurate with
prevailing market rates.

7. DIGITAL COORDINATION

7.1 Platform Integration: SCLSC, HCLSCs and Jail authorities
shall integrate their systems into a unified digital platform to ensure
seamless coordination, monitoring and timely exchange of
information. NALSA shall be given access to this platform for real-
time oversight and data analysis.
7.2 Key Features:
(a) Secure uploading/downloading of documents with encryption.
(b) Real-time tracking dashboards for case status, timelines, and
alerts.(c) Role-based access: View-only for litigants; edit for
authorities.
(d) Automated reminders (e.g., SMS/email) 48 hours before
deadlines. (e) Audit logs for all actions to ensure traceability.
7.3 Technical Support: MTNL or the designated service provider
agency shall provide 24/7 helpdesk, regular updates, and
cybersecurity audits.
7.4 Data Backup and Recovery: Daily backups; compliance with
the IT Act, 2000.
7.5 Training: Mandatory digital literacy sessions for all
stakeholders.

8. MONITORING AND ACCOUNTABILITY

8.1 Monitoring Committee Composition of SCLSC &
HCLSC as per Regulation 10 of The National Legal Services
Authority (Free & Competent Legal Services) Regulations,
2010:
8.1.1 Every High Court and Supreme Court shall have a
Monitoring Committee which shall consist of:
(a) One Senior Advocate of high repute, having a practice of
not less than 15 years;
(b) Three Senior Advocates/ Advocates of high repute having
a practice of not less than 10 years; and
(c)
Member Secretary, SCLSC/HCLSC (Ex-Officio)
8.1.2 The tenure of the Members of the Monitoring Committee
shall be three years, except the Member Secretary, who shall be
ex officio.
8.1.3 The HCLSC/ SCLSC shall share the data regarding the
marking of matters and progress of filing of matters with the
Monitoring Committee on a weekly basis.
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8.1.4 The Monitoring Member Committee shall meet at least
on a fortnightly basis virtually or physically to review the
progress of the matters and will be responsible for issuing
necessary recommendations to the HCLSC/SCLSC Member
Secretary to maintain the efficiency of the system.
8.2 Committee Functions:
8.2.1 Monthly reviews of progress, delays, and compliance.
8.2.2
Monitor the compliance of timelines set above.
8.2.3 Performance evaluation of lawyers, translators, and jail
staff.
8.2.4 Recommend actions: Warnings, training, or removal for
defaults.
8.2.5 Investigate complaints within 15 days.
8.3 Reporting:
8.3.1 Monthly reports to SCLSC/NALSA in a standardised
format.
8.3.2 Annual consolidated report highlighting trends and
recommendations.
9. COORDINATION WITH JAIL AUTHORITIES

9.1 VC Meetings:
9.1.1 Mandatory every 15 days involving HCLSC, DLSA, Jail
Superintendent, and convict (where feasible).
9.1.2 Agenda: Case status updates, consent verification,
document needs.
9.1.3 Minutes recorded and uploaded to the platform.
9.1.4 SALSA and SCLSC will coordinate virtual meeting
between the SALSA lawyer handling the matter at the High
Court to brief the SCLSC lawyer assigned to the case with the
issues involved in the case within one week of the SCLSC lawyer
being assigned to the case.
9.2 Legal Proceedings Register
9.2.1 To be maintained by the Jail Superintendent.
9.2.2 Columns: Convict ID, Case Details, Appeal Status,
Communication Logs, Updates.
9.2.3 Updated weekly; shared digitally with DLSA.
9.3 Support for Convicts: Provide access to legal aid kiosks
in jails for document review.

10. INTER-AGENCY COMMUNICATION


10.1 Document Sharing: All judgments, translations, and filings
shared via digital platform with copies to HCLSC, SLSA, and
SCLSC.
10.2 Acknowledgement Protocol: Each communication requires
a digital receipt within 24 hours; escalations for non-response.
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10.3 Escalation Matrix: Level 1 (DLSA), Level 2 (HCLSC),
Level 3 (SCLSC) for unresolved issues.
10.4 Annual Joint Workshops: To foster collaboration and
address bottlenecks.

11. QUALITY ASSURANCE

11.1 Audits: Quarterly random audits of 20% translations by
independent panels.
11.2 Certification: Supervisors must certify accuracy; dual-check
for Category A.
11.3 Feedback Mechanism: Post-filing reviews from lawyers on
translation utility.
11.4 Continuous Improvement: Incorporate feedback into annual
training.

12. AUDIT, REVIEW AND AMENDMENTS
12.1 Review of the implementation of the SOP: Annually by
SCLSC and NALSA, or sooner if directed by the Supreme Court.
12.2 Consultation Process: Inputs from HCLSCs, SLSAs, jail
authorities, and stakeholders via workshops.
12.3 Amendments: Approved versions disseminated digitally;
training on changes mandatory.
12.4 Effective Date: This SOP is effective from .
13. DELAY EXPLANATION
This SOP ensures a robust, transparent system to uphold justice in
legal aid matters. Compliance is mandatory; violations may invite
accountability measures under relevant laws. A checklist in the
following Format shall be incorporated by all HCSLSCs and SCLSC
to be submitted in all applications filed seeking condonation of delay
before the High Court/Supreme Court.

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9. In view of the above SOP, it is suggested by the learned amicus curiae that
directions be issued on the following terms:-

“a. The High Courts be directed to take steps to create or upgrade
the cadre of Translators and Translation Supervisors, and to select
a panel of translators in accordance with paragraph 6 of the SOP,
within two months from the date of this Hon’ble Court’s order;
b. The NIC be directed to create a seamless, efficient, and unified
digital platform to enable SCLSC, HCLSCs, and Jail Authorities
to upload and exchange information within two months from the
date of this Hon’ble Court’s order;
c. The SCLSC and HCLSCs be directed to constitute Monitoring
Committees in terms of Clause 8 of the SOP within one month
from the date of this Hon’ble Court’s order;
d. The Member Secretary, NALSA, be designated as the nodal
officer to oversee the implementation and periodic review of the
SOP…”

DIRECTIONS AND CONCLUSION

10. We have given careful consideration to the SOP and the proposed
directions. We are of the considered view that this SOP is a result of in depth
deliberations conducted by the “ stakeholders ” or “ major players in the game ”,
that being the case the same deserves consideration by all the High Courts on the
administrative side, so that, necessary changes to the procedure in place, can be
adopted in furtherance of the aims of the SOP. As such, it is directed that a copy
of this order be placed before the learned Chief Justice of the High Court, for
necessary consideration and appropriate action at their end.
11. While implementation of the entire breadth of the SOP is left to the wisdom
of the High Courts, we do hereby direct that the timelines mentioned under
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Heading 5 of the SOP shall be treated as binding. This is for the purposes of
streamlining the filing of appeals in cases where the respective Legal Services
Committees are required to take lead. This, it is our hope, will go a long way in
addressing the structural gaps that had prompted this Court to take forward the
present proceedings apart from dealing with the death reference from which they
emanated.
12. Regarding the issue of translators, while we do not issue any directions, we
may only observe that the poor quality of translation has engaged the attention of
this Court, recently, on quite of few occasions, indicating that some sort of
structural change is necessitated in this regard. The respective High Court may
seriously examine and take decision on paragraph 6 of the SOP within a time
bound period, i.e., not more than four weeks.
13. The aspect of monitoring and accountability as delineated in paragraph 8
of the SOP ensures that there is effective monitoring and ‘ keeping tabs ’ on the
functioning and processes to be undertaken by the Legal Services Committees of
the respective High Courts. Let the necessary constitution of the committee be
carried out at the earliest. The Standing Committee/Administrative Committee,
may appoint the members either by itself or after consulting the Full Court, as
may be warranted. The Member Secretary of HCLSC shall be an ex-officio
member. In so far as the constitution of the committee for this Court is concerned,
the Member Secretary, SCLSC is directed to bring this order to the notice of the
learned Executive Chairman, SCLSC and solicit orders thereon as may be deemed
suitable by such authority.
14. On the aspect of coordination with jail authorities and inter-agency
communication, the suggestions made in the SOP (para 9) shall be implemented
forthwith as far as practicable. The last aspect delineated upon therein i.e., delay
explanation (para 13-SOP), in our view, is a necessary change that will enable the
tabling of the actual time taken in the process of filing the appeal. It is as such
directed that the said format shall be incorporated forthwith into the necessary
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documentation. We hereby grant two weeks from the date of this order for it to be
incorporated after which any appeal filed by HCLSC shall necessarily contain the
same.
15. Suggestions ‘b’ and ‘d’ of the learned amicus curiae reproduced in
paragraph 9 of this order shall be read as directions issued by this Court.
16. The Registrar (Judicial) is directed to circulate a copy of this order to the
Registrars General of all the High Courts, who shall ensure a copy of the same is
placed before the Learned Chief Justices and the Executive Chairpersons of the
State Legal Service Committees, for necessary follow up action and requisite
changes as may be required.
Let status report/compliance report be filed by all concerned institutions
th
including the National Informatics Centre, by 30 April 2026. The matter shall
th
come up before this Bench for further consideration on 4 May 2026.
We place on record our appreciation for all counsel who are appearing in
this matter and more particularly Ms. Vibha Datta Makhija, learned senior
counsel, amicus curiae .


………………………………………….…..J.
(SANJAY KAROL)




……………………………………..……….J.
(NONGMEIKAPAM KOTISWAR SINGH)
New Delhi;
th
16 April, 2026

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