Cases filed only in view of NALSA's free legal aid programme without convict's permission misuse of process: SC
Court has said filing of a special leave petition only in view of the National Legal Services Authority programme for free legal aid was a misuse of the process.
An SLP was filed before Supreme Court with a delay of 2298 days through the legal aid.
The Supreme Court recently refused to condone a delay of 2298 days in the filing of a special leave petition through the legal aid.
When the bench was told that the petitioner never expressed any desire to file a special leave petition before the Supreme Court, a bench of Justices Pankaj Mithal and Prasanna B Varala opined that the filing of the special leave petition only in view of the National Legal Services Authority (‘NALSA’) programme for free legal aid was a misuse of the process and the delay in filing the same does not stand explained at all.
In the case before court, the bench was not satisfied by the explanation furnished in the delay condonation application and thus, it had permitted the counsel for the petitioner to seek instructions from the jail authorities and to file a better affidavit so as to explain the delay from the date of the judgment.
In pursuance to the aforesaid order, a better affidavit sworn by the Superintendent, Central Jail, Kapurthala, Punjab explaining the delay has been filed.
The Supreme Court found that the Superintendent categorically stated in paragraphs ‘3’ and ‘4’ of the affidavit that the petitioner-accused never approached for the filing of the special leave petition and that she was not willing to file the same before the Supreme Court of India.
Court noted that the special leave petition was filed merely in view of the directions of NALSA to provide free legal aid to needy persons and prisoner.
"In view of the aforesaid facts and circumstances, as the petitioner never expressed any desire to file a special leave petition before this Court, we are of the opinion that the filing of the special leave petition only in view of NALSA programme is misuse of the process and the delay in filing the same does not stand explained at all. Accordingly, the special leave petition is dismissed on the ground of delay", the bench went on to order.
Case Title: KAMALJIT KAUR vs. STATE OF PUNJAB
Bench: Justices Pankaj Mithal and PB Varale
Order Date: October 27, 2025