The High Court, while condoning the delay, directed the HCLSA to review pending cases in which lawyers are not appointed for years. (File)THE BOMBAY High Court recently directed its Legal Services Authority (HCLSA) to review pending cases where lawyers have not been appointed for years despite prisoners requesting for the same.
Justice Sarang V Kotwal, on October 18, was hearing an interim application filed in connection to an appeal moved by a man convicted for raping a minor in August 2019.
In October 2019, the man, in his appeal, had said that his financial condition was poor and he was unable to engage a private advocate to file an appeal against the trial court order.
After the High Court Legal Services Authority appointed advocate Mohansinh U Rajput to represent the man in July 2022, he moved an appeal.
Rajput argued that his client has been in custody since May 28, 2015, and could not take effective steps to file an appeal.
The man also sought condonation of delay of two years and 316 days since August 2019 in filing the appeal.
The High Court, while condoning the delay, directed the HCLSA to review pending cases in which lawyers are not appointed for years.
While the HC said that man “made out a case for condonation of delay” in filing the appeal, it referred to records that showed that he had requested for appointment of an advocate in 2019.
“It was unnecessarily kept pending for about more than two and a half years. This definitely causes prejudice to such prisoners. Therefore, the Legal Services Authority of this court is requested to look into this aspect and to review all applications that are pending with it… so that appeals are preferred expeditiously,” the HC said.