No Work No Pay: Delhi High Court Denies Back Wages To Reinstated Army Officer State Cannot Use 'Delay & Laches' To Evade Compensation For Land Taken Without Authority Of Law: Calcutta High Court Supreme Court Slams High Court For Dismissing Jail Appeal Solely On 3157-Day Delay; Orders Release Of Life Convict After 22 Years In Jail 138 NI Act | Failure To Produce Income Tax Returns Not Fatal To Cheque Bounce Case If Debt Is Established: Delhi High Court Certified Copies Of Public Records Not In Party's 'Power Or Possession' Until Actually Obtained; Leave Not Required For Rebuttal Documents: AP High Court For Conviction Under Section 34 IPC, Prosecution Must Establish Prior Meeting Of Minds & Pre-Arranged Plan: Allahabad High Court Merciless Beating With Blunt Side Of Deadly Weapons To Spread Terror Constitutes Murder, Not Culpable Homicide: Allahabad High Court CIT Can’t Invoke Revisionary Jurisdiction Merely Because AO’s Enquiry Was ‘Inadequate’ If View Is Plausible: Bombay High Court Mere Presence At Crime Scene Without Proof Of Prior Concert Insufficient To Invoke Section 34 IPC For Murder: Supreme Court Courts Cannot Be Used As Tools For Coercion: Bombay HC Dismisses Application To Implead Developer Without Contractual Nexus, Imposes ₹5 Lakh Cost Specific Performance Cannot Be Granted For Contingent Contracts Dependent On Third-Party Conveyance: Madras High Court Unlawful Subletting Is A ‘Continuing Wrong’, Fresh Limitation Period Runs As Long As Breach Continues: Bombay High Court Courts Must Specify Payment Timeline In Specific Performance Decrees; Order XX Rule 12A CPC Is Mandatory: Supreme Court Specific Performance Decree Does Not Automatically Rescind Due To Delay; Courts Can Extend Time For Deposit: Supreme Court Madras High Court Quashes Forgery Case Against Mahindra World City After Victims Accept Alternate Land In Settlement Motor Accident Claims: 13-Day FIR Delay Not Fatal; 80% Physical Disability Can Be Treated As 100% Functional Disability: Punjab & Haryana HC Murderer Cannot Inherit Property From Victim Through Wills; Section 25 Hindu Succession Act Bar Applies To Testamentary Succession: Supreme Court Courts Must Pierce Veil Of Clever Drafting To Reject Suits Barred By Benami Law; 2016 Amendments Are Retrospective: Supreme Court Indian Railways Is A Consumer, Not A Deemed Distribution Licensee; Must Pay Cross-Subsidy Surcharge For Open Access: Supreme Court Technical Rules Of Evidence Act Do Not Apply To Departmental Enquiries: Supreme Court Public Employment Cannot Be Converted Into An Instrument Of Fraud; Police Personnel Using Dual Identity Strikes At Root Of Service: Supreme Court

High Court of Allahabad Criticizes Systemic Failures in Legal Representation for Marginalized Sections

07 May 2024 8:19 AM

By: Admin


The High Court of Allahabad, presided over by Hon'ble Justice Ajay Bhanot, has denied the bail application of Titu, who has been incarcerated since August 2017. The court highlighted the applicant's prolonged absence before the trial court and the systemic failures in providing legal aid to marginalized sections of society.

Titu, the applicant, was nominated in a criminal case in 2005 but was not arrested until August 10, 2017. He belongs to a marginalized section of society and did not have the resources or legal aid to apply for bail earlier. This is his first bail application.

The court noted the applicant's failure to appear before the trial court for over a decade. Despite his arrest in 2017, no satisfactory explanation was provided for this extended absence. The bail application itself was poorly drafted, indicating inadequate legal assistance.

Justice Bhanot emphasized the systemic failures in providing legal aid to marginalized individuals. He remarked, "Prima facie, it is evident that the applicant has been without legal aid since his arrest and even at this stage, the drafting has been less than satisfactory. No assistance is forthcoming from the applicant's counsel."

To address these deficiencies, the court appointed Shri Rajiv Lochan Shukla as amicus curiae and directed the High Court Legal Services Committee to assist in filing an affidavit on behalf of the applicant. The learned District Judge of Meerut was instructed to provide all relevant details to the amicus curiae promptly.

Justice Bhanot stated, "Considering the urgency of the matter, the learned District Judge, Meerut shall ensure that all relevant details are provided to Shri Rajiv Lochan Shukla, learned amicus curiae promptly."

The denial of Titu's bail application underscores the ongoing challenges faced by marginalized individuals in accessing timely and adequate legal aid. The court's appointment of an amicus curiae reflects its commitment to ensuring justice is served, despite systemic shortcomings. This case highlights the need for systemic reforms to provide better legal support for marginalized sections of society.

 

Date of Decision: July 15, 2024

Titu VS State of U.P

 

Latest Legal News