Calling for setting up legal aid clinics in all police stations and correctional homes of West Bengal, Justice Joymalya Bagchi of Calcutta High Court said here on Saturday that the decision of bar councils not to represent a particular accused for the crime being heinous is unconstitutional.
“There are so many instances when bar associations and bar councils take a resolution that a particular crime is so heinous, so shocking to the conscience of society or nation that they would not represent a person accused of the crime. Such a resolution is per say unconstitutional, and cannot be taken,” Justice Bagchi said.
Speaking at a ‘Consultation on Access to Legal Aid in West Bengal’ organised by Commonwealth Human Rights Initiative and Human Rights Law Network, the Judge said that the right to fair trial includes ‘right to be tried in an unbiased manner’ in society.
Referring to several judgments of the Supreme Court, Justice Bagchi emphasised that the right to legal aid and right to legal representation are ‘non-negotiable’, and these have to be given to the accused in order to ensure a fair trial.
Justice Bagchi cited the Apex Court judgement in the Sheela Barse case delivered in 1986. He said despite the order, no police station or correctional home has pamphlets in vernacular explaining the rights of the accused.
The Judge suggested various initiatives through which we make legal aid a realistic right. Other than having legal aid clinics in prisons and police stations, Justice Bagchi suggested that senior lawyers can be included in the panel of lawyers giving legal aid to ensure better legal help to the accused.
Justice Bagchi also suggested that the use of technology, which can help in cases where the accused cannot be physically produced before the Court.
Commenting on the issue, Additional Director General of Prisons, Adhir Sharma said that only Alipore Correctional Home has the facility and the State government will extend it to all major correctional homes in the city by the end of the next financial year.’
‘Right to legal aid and right to legal representation are non-negotiable’
