CUTTACK: The Orissa High Court on Wednesday directed the director general of Prisons to conduct a fresh, statewide drive across all jails to verify whether convicts have filed appeals against their convictions and if the case details and contact information of their counsels were available with jail authorities.
The division bench of Justice SK Sahoo and Justice Sibo Sankar Mishra directed the DG Prisons Susanta Kumar Nath to submit the collected jailwise data within four weeks.
The bench issued the directions after it condoned a 4,565-day delay in filing the jail criminal appeal of life convict Jatia Hembram, who was convicted for murder by the Additional Sessions Judge, Baripada on January 30, 2013. The court found no prior appeal filed. The DG Prisons informed the court about a statewide drive that detected over 100 similar cases lacking appeal records.
Taking note of Hembram’s financial condition, prolonged custody and systemic lapses, the court condoned the delay, admitted the appeal, called for trial records and appointed senior advocate Gautam Misra as Amicus Curiae. The matter has been posted to January 7 for next hearing.
According to the order, the DG Prisons has assured that a special drive will be undertaken in different jails of the state to know as to whether the convicts have filed any appeals challenging the conviction or not and whether the appeal numbers, contact number of the counsel are available with the jail authority or not. The high court said if any convict is found not to have filed an appeal, immediate steps shall be taken for filling them before the appropriate court with the help of the secretary of district legal services authority.
Emphasising the constitutional significance of the right to appeal, the judges observed, “A right of appeal is an invaluable right. The right to prefer an appeal by an accused against the conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution.”
The bench highlighted that convicts in custody, especially those lacking financial means, must be provided prompt legal aid and regular updates on their cases. In situations where convicts refuse to file an appeal despite proper guidance, the court directed that the same should be obtained in writing and forwarded to the member secretary of Odisha State Legal Services Authority, with copies kept by jail authorities.
The bench also said convicts unable to arrange legal representation should receive free and effective legal aid as part of their right to access justice.