Delhi HC seeks response from NALSA, Centre on PIL seeking free forensic experts for legal aid litigants

The Delhi High Court on Wednesday sought responses from the National Legal Services Authority (NALSA) and the Central government on a public interest litigation (PIL) petition seeking free access to forensic experts for legal aid litigants who are required to produce electronic evidence in court [Zeeshan Ekhlaque & Anr. v. National Legal Services Authority & Ors.].

A Division Bench of Chief Justice (CJ) Devendra Kumar Upadhyaya and Justice Tejas Karia observed that the inability of persons from disadvantaged sections to comply with Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which lays down expert-certification requirements for electronic evidence, could impinge upon their right to access justice.

The Court directed NALSA to consider a possible scheme to address the concerns raised, while also seeking the government's response.

“We are of the prima facie opinion that in case any person of the disadvantaged society is unable to adduce evidence in terms of section 63 of Bharatiya Sakshya Adhiniyam that impinges upon his right to seek access to justice and accordingly we require the NALSA to consider the aforesaid aspect of the matter and apprise the court of a possible scheme which can be applied to redress the grievances raised in the PIL,” the Court said.

The PIL was filed by advocates Zeeshan Ekhlaque and Aman Bhide.

The plea sought directions to establish a mechanism for providing qualified forensic experts free of cost to people entitled to legal aid under the Legal Services Authorities Act, 1987 (which provides free and competent legal services to the weaker sections of society).

Under Section 63(4) of BSA, electronic evidence must be accompanied by a certificate meeting specified requirements.

Part of this certificate requires examination by a technical expert, which people dependent on free legal aid may not be able to afford, the petitioners pointed out.

The petitioners had initially approached NALSA in April 2026 seeking a mechanism, including a panel of forensic experts, to assist legal-aid beneficiaries.

The Delhi State Legal Services Authority (DSLSA) had responded that legal aid lawyers were competent to prepare the certificates. It said forensic assistance could be considered on a case-by-case basis.

The petitioners had then filed an application under the Right to Information Act (RTI Act) seeking details of any existing mechanism for such assistance.

The NALSA replied in May that there was no provision of expert assistance to legal-aid beneficiaries for preparing certificates under Section 63.

The petitioners then approached the High Court contending that they were not seeking help merely to draft the certificate, but technical expertise to examine the electronic record and device.

It was contended that without such assistance, people who qualify for free legal aid could be placed at a disadvantage compared to litigants who can afford to hire forensic experts.

“In the absence of such institutional support, indigent and legally aided litigants are effectively deprived of the ability to adduce electronic evidence before courts, despite being otherwise entitled to free legal aid. This results in the denial of a meaningful opportunity to effectively prosecute or defend in legal proceedings and undermines the constitutional mandate of ensuring equal justice and equal access to the legal system,” said the plea.

Advocate Md Imran Ahmad appeared for the petitioners.