Appears to be a systemic failure: Allahabad High Court grants bail to man languishing in jail for want of legal aid

The Allahabad High Court recently granted bail to a murder accused who was languishing in jail for eleven years for want of resources to engage a counsel and lack of access to legal aid [Rajnish v State]..Justice Ajay Bhanot noted that the applicant belonged to a lower strata of society and therefore couldn't afford any legal representation, which ultimately deprived him of justice."The applicant belongs to the bottom heap of humanity and unfortunately forgotten class of citizens. He did not have the resources to engage a counsel nor was he given to access to legal aid for these long years. Constitutional promise of securing justice has been denied to him," the Court noted..The judge called for introspection on the part of the authorities so that corrections could be made to the system."This appears to be a systemic failure...It is for all instruments of governance, the trial courts, the police authorities, the legal services authorities to introspect and bring about necessary systemic corrections with the conviction that such a state of affairs will not be repeated. Never again," the order stated..The applicant, who was in jail since April 26, 2011, was booked for murder and various other offences under the Indian Penal Code (IPC). He moved the present bail application after he was denied bail by a trial court in Varanasi.His counsel contended that inordinate delays in concluding the trial had led to his indefinite imprisonment, even as the prosecution evidence could not connect him to the offence. It was thus argued that the applicant's right to speedy trial was being denied..While granting bail to the man, the Court issued a direction to the district legal services authorities in Uttar Pradesh to make a list of prisoners who are in jail for long period and to examine whether they need legal aid to help them move bail applications. The order reads,"District Legal Services Authorities in the State of Uttar Pradesh shall draw up a list of prisoners who are incarcerated for long period and examine whether they have not been able to move bail applications due to penury and lack of access to legal aid. Corrective measures should accordingly be taken."Justice Bhanot also called for the conduct of legal aid workshops in every jail in the State to ensure that such grievances are promptly redressed..The applicant was represented by Advocates Ashish Kumar Singh and Pradeep Kumar Singh..[Read Order]