Supreme Court held that filing petitions under NALSA’s free legal aid without a convict’s consent amounts to misuse of process and violates principles of due process.

FILING PETITION UNDER NALSA LEGAL AID WITHOUT CONSENT MISUSE OF PROCESS

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Case Overview:

Case Name: Kamaljit Kaur vs. State of Punjab

The Supreme Court dismissed a Special Leave Petition (SLP) filed with a delay of 2,298 days by convict Kamaljit Kaur from Punjab . The petition was filed under the NALSA free legal aid program without the convict’s knowledge or consent . The Bench of Justice Pankaj Mithal and Justice Prasanna B Varale observed that the filing of such a petition mechanically, without the convict’s volition, constituted a misuse of the process of law .

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Key Aspects:

Before deciding the case, the Bench examined the affidavit from the jail authorities and the conduct of the legal aid representatives . The Court found that the convict never expressed any intention to approach the Supreme Court for appeal.

• The SLP was filed seven years after the High Court’s 2018 judgment .
• The jail superintendent confirmed that the convict was unaware of the petition .
• The appeal was filed only under NALSA’s free legal aid program, not at the convict’s request .
• The Court held that legal aid cannot override the consent of the person it represents .

Legal Insights :

The Court emphasized the principles of consent and due process in criminal appeals .

• Article 136 of the Constitution of India – Grants the Supreme Court power to hear Special Leave Petitions .
• Filing an SLP without the convict’s consent violates procedural fairness and the right to autonomy .
• Justice Pankaj Mithal and Justice Prasanna B Varale observed that the NALSA legal aid scheme must be applied responsibly ensuring the beneficiary’s consent .

Court’s Verdict:

The Supreme Court dismissed the Special Leave Petition on the grounds of an unexplained delay and lack of consent from the convict . The Bench declared that filing a petition solely under the NALSA programme, without the convict’s volition, amounts to a misuse of process and ordered all pending applications to be closed .

Source – Supreme Court of India 

Read also – Constitution of India

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