मुख्य पृष्ठमा फर्कनुहोस् सम्पादकीय नीति र तथ्य जाँच

सेयर गर्नुहोस्: Facebook Twitter WhatsApp Viber लिङ्क कपी

GANGTOK, SEPT 24: In a significant push to strengthen the quality of free legal representation, the Sikkim High Court has directed the Sikkim State Legal Services Authority (SSLSA) to monitor the performance of Legal Aid Counsel, obtain regular reports from Trial Courts, provide specialised training and sensitisation, and review its panel of lawyers to ensure competent representation for accused persons who cannot afford private legal assistance.

The Division Bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan observed that “Legal aid cannot be a mere formality”, stressing that persons dependent on legal aid are entitled to “effective and qualitative legal aid.”

The directions came in a criminal appeal filed by Ashok Subba, who had challenged his conviction under Sections 5(m) and 5(n), punishable under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The High Court ultimately dismissed the appeal and upheld the findings of the Trial Court.

However, while considering the appeal, the Bench raised concerns about the manner in which the defence had been conducted by the Legal Aid Counsel before the Trial Court.

The Court observed that the defence had “substantially confined the cross-examination to putting suggestions and obtaining denials.” It emphasised that defence counsel plays a vital role in criminal proceedings, particularly when an accused is represented through legal aid.



SSLSA asked to monitor performance

The High Court held that the SSLSA, which engages Legal Aid Counsel, has a responsibility not merely to appoint lawyers but also to supervise and monitor the manner in which they conduct cases.

The Court directed the SSLSA to obtain reports from the concerned Trial Courts regarding the performance of Legal Aid Counsel handling such cases.

It also directed the authority to undertake appropriate training and sensitisation, particularly in relation to effective cross-examination and the manner of defending an accused in a criminal trial.

The Court further directed the SSLSA to review the empanelment and engagement of Legal Aid Counsel and ensure that only competent counsels are retained on its panel.

The Member Secretary of the SSLSA was specifically directed to call for periodical reports from Trial Courts concerning the performance of Legal Aid Counsel and to take appropriate steps whenever deficiencies in representation are brought to its notice.



Court stresses quality, not mere appointment

The observations underline that providing a lawyer through the legal aid system is not, by itself, sufficient to discharge the obligation of providing legal assistance.

The Bench stated that legal aid must be meaningful and effective, observing that “…Legal aid cannot be a mere formality. It is essential to ensure effective and qualitative legal aid to persons who are unable to secure legal representation on their own.”

The Court's directions therefore place emphasis on continuing supervision, professional training and accountability of lawyers engaged through the legal aid system.



Focus on support for child victims

The Court also highlighted the need for stronger support and rehabilitation mechanisms for child victims below 12 years of age.

The Bench observed that, without an effective system of assistance and support, such victims may face fear, psychological trauma, difficulties in reintegration and reluctance to return to mainstream society. It therefore stressed the need for mechanisms ensuring continued care, assistance and support to such victims.

The Registry was directed to forthwith forward a copy of the judgment to the SSLSA for necessary action.

The appeal arose from the conviction of Ashok Subba under Sections 5(m) and 5(n), punishable under Section 6 of the POCSO Act. After examining the evidence, including the testimony of the child victim and medical evidence, the High Court found no reason to differ from the Trial Court's findings and dismissed the appeal.

While the conviction was upheld, the Court's directions have placed renewed emphasis on quality, accountability and continuing supervision within the legal aid system in Sikkim.

सम्बन्धित समाचारहरू