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"We also expect the legal fraternity to be sensitive about the cause of justice so that financially distressed people are able to have easy access to the courts of law," said the court.
The Allahabad High Court recently observed that cause of justice is an essential and concomitant duty of the legal practitioners and Bar Associations are duty bound to evolve affordable means to the sufferers who on account of financial hardship stand deprived of access to justice.
The bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava observed so while hearing a criminal appeal. The appeal which had been filed under Section 374 (2) of the CrPC was delayed by 430 days.
The only reason for such a delay was the poor financial situation of the appellants. It was submitted that the appellants were poor persons who could not manage the fee as asked by the counsel, and since arranging the money took some time, hence the delay.
The division bench noted, "If the reason spelt out in the affidavit is understood to be true, it implies that the District Legal Services Authority, Sitapur has not been sentient to the cause of under trials/convicted persons who have no means to approach this Court and are financially distressed".
Taking a serious view, court directed the Secretary District Legal Services Authority to submit a report as to the manner in which the role of the Legal Services Authority was carried out and sensitized during the relevant period.
Court further directed the Superintendent District Jail, Sitapur to also explain by filing an affidavit as to how the present appellants had remained deprived of the facility of legal aid provided by the State.
"It is also expected that under trials/convicts languishing in jail in the like manner may also be verified and their data be supplied to the court for necessary directions, if any," added the court.
Court further said that the Bar Council of Uttar Pradesh is expected to take up the cause of justice amongst the members of the legal fraternity so that no such reason is available for any counsel to spell out the same for seeking condonation of delay.
We also expect the legal fraternity to be sensitive about the cause of justice so that financially distressed people are able to have easy access to the courts of law, said the division bench.
Case Title: Shiv Kumar And Another v. State of UP
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