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2021 (10) TMI 1446

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..... is the Chhattisgarh High Court, more so, in the context of the reliance placed on rule 149 of the High Court of Chhattisgarh as recorded in the Order dated 07.07.2021. It is in view thereof certain suggestions have been made. These suggestions are agreed and it is sought to expand on the same. A similar exercise be undertaken by the High Court Legal Services Committee of different High Courts so that convicts represented by legal aid Advocates do not suffer due to delay in hearing of the appeals. NALSA will circulate this order to the concerned authority and monitor the exercise to be carried on - The Delhi High Court Legal Services Committee would take up the cases of those convicts who have undergone more than half the sentence in case of .....

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..... d 07.07.2021 in direction No. (ii) at page 3 and seeks to submit that the Supreme Court Registry should be substituted in place of SCLSC. Mr. Gaurav Agrawal, learned counsel for NALSA submits that in fact SCLSC may be deleted and the NALSA will perform the task. Ordered accordingly and impleadment of SCLSC is not required. The application stands disposed of accordingly. IA No. 103084/2021 - APPLICATION FOR PERMISSION TO FILE APPLICATION FOR IMPLEADMENT, IA No. 103086/2021 IMPLEADMENT In view of the order passed above, applications for permission to file application for impleadment and impleadment are dismissed. SLP(CRL.) NO. 529/2021 RE: JAIL PETITIONS : Mr. Gaurav Agrawal, learned counsel for NALSA has submitted a note seeking further dire .....

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..... . It is also not known whether, with the passage of time, the accused may or may not have been released in some cases. In view of this position certain directions are sought. We issue the following directions: a) The Registry should obtain the current status of the convicts, i.e., whether they are still in custody or have been released. b) If the accused are still in custody, custody certificate(s) be called for and be shared with NALSA. c) On sharing of such custody certificate(s) the NALSA would examine the same and if the convict is entitled for consideration of pre-mature release, the matter would be taken up by the jail authorities with NALSA. d) In other cases NALSA would get the documents ready and the Amicus Curiae would move jail p .....

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..... and if suitable clarification is not received by the end of November, 2021, the Registry may inform NALSA, the requisite details and the NALSA assures that it will take up the matter with the concerned jail authorities. We may only add that the list of such cases has also been prepared. The aforesaid shows that a comprehensive exercise has been undertaken of the matters pending before this Court and there are 300 cases where convicts in judicial custody have approached this Court directly against conviction through jail petitions. The aforesaid is a continuing exercise and we appreciate the efforts put in by all the three learned counsels as Amicus Curiae as also the proactive stand of the Registry. RE: PRE-MATURE RELEASE OF LIFE CONVICTS .....

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..... eral appearing in the matters and it shall be ensured by the State of UP that necessary information is forthcoming. If despite this, information is not forthcoming to the NALSA within a month from today, the liberty is granted to Mr. Gaurav Agrawal to mention the matter and we will be left with little option but to ask the Chief Secretary to appear to ensure that our directions are complied with. The last aspect forming subject matter of the suggestions is for directions to the State of Maharashtra, Madhya Pradesh, Andhra Pradesh and Karnataka to carry out the similar exercise w.e.f. 01.11.2021 and to furnish a report by February, 2022. We direct accordingly and the NALSA will contact the relevant State Governments to enable the exercise to .....

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..... stions and would seek to expand on the same. We thus issue the following directions: a) A similar exercise be undertaken by the High Court Legal Services Committee of different High Courts so that convicts represented by legal aid Advocates do not suffer due to delay in hearing of the appeals. NALSA will circulate this order to the concerned authority and monitor the exercise to be carried on. b) The Delhi High Court Legal Services Committee would take up the cases of those convicts who have undergone more than half the sentence in case of fixed term sentences and examine the feasibility of filing bail applications before the High Court, while in case of life sentence cases, such an exercise may be undertaken where eight years of actual cus .....

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