'Misuse of legal process': Supreme Court rejects appeal filed under NALSA scheme without convict's consent

The Supreme Court recently dismissed an appeal filed on behalf of a convict through legal aid, holding that it was instituted without her consent and only because of directions issued under a National Legal Services Authority (NALSA) programme.

A Bench of Justices Pankaj Mithal and Prasanna B Varale said that the appeal filed without the convict's consent amounted to a misuse of process of law.

“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,” the Court said while dismissing the appeal.

The Accessing Justice to Convicts in Prisons through Legal Services campaign, launched under the Legal Services Authorities Act, 1987, aims to ensure that prisoners receive free and effective legal aid as part of their right to access justice.

The scheme recognizes convicts as a marginalized group often unaware of their legal rights or appeal processes.

Across India, more than 1,100 Legal Services Clinics operate inside jails, where panel advocates visit regularly to provide legal advice, draft applications and update inmates on their cases.

Para-legal volunteers, many of whom are trained convicts, assist in bridging communication gaps and helping others navigate legal procedures. The initiative addresses key concerns such as lack of awareness about appeals, delays in filing petitions or SLPs, and limited access to parole or remission processes.

The present case arose from a 2018 judgment of the Punjab and Haryana High Court. The plea had been filed after a delay of 2,298 days.

The Court had earlier permitted the petitioner’s counsel to obtain instructions from jail authorities and file a better affidavit explaining the delay.

The Superintendent of Central Jail of Kapurthala then filed an affidavit stating that the petitioner-accused never approached the jail authorities for the filing the appeal and that she was not willing to file the same before the Supreme Court.

The affidavit further said that the appeal was filed merely in view of the directions of National Legal Services Authority (NALSA) to provide free legal aid to needy persons and prisoners.

Taking note of these facts, the Bench observed that the appeal was a misuse of process of law.

The bench further held that explanation for the 2,298-day delay was unsatisfactory.

Thus, it dismissed the petition on the ground of delay.

[Read Order]