The Supreme Court has taken a firm stance against what it described as a misuse of the legal process after discovering that an appeal had been filed on behalf of a convict—without her knowledge or consent—under a National Legal Services Authority (NALSA) initiative.
A Bench of Justices Pankaj Mithal and Prasanna B Varale dismissed the appeal outright, remarking that it had been lodged merely to satisfy procedural directives under the NALSA programme rather than at the convict’s own request.
“The petitioner never expressed any wish to approach this Court. Filing a special leave petition merely in compliance with a legal aid programme, without the convict’s consent, constitutes misuse of process,” the Bench said, adding that the unexplained delay of 2,298 days only reinforced the impropriety.
The case traced back to a 2018 ruling of the Punjab and Haryana High Court. When the Supreme Court sought clarification, jail authorities from Kapurthala Central Jail confirmed through an affidavit that the convict neither sought legal assistance for an appeal nor desired to pursue one. The affidavit also revealed that the petition was filed solely in response to NALSA’s directive to extend free legal aid to prisoners.
The Court, while acknowledging the broader purpose of NALSA’s Accessing Justice to Convicts in Prisons campaign, emphasized that such well-intentioned efforts cannot override an individual’s autonomy. “Legal aid cannot replace consent,” the judgment implied, underscoring that even state-sponsored representation must respect the will of those it seeks to serve.
Finding both the appeal and the justification for delay unsatisfactory, the Bench dismissed the plea, cautioning against procedural overreach in the name of legal access.
