SUCCESS STORIES

Hon'ble Delhi High Court, in an Unreported Judgment on 9th May 2018, in the case of Mr. "X" Vs State (Criminal Appeal 988 of 2017), ruled in favour of Mr. "X," a 19-year-old tempo driver from below the poverty line who was falsely imprisoned for road rage.

Despite initially hiding his HIV-positive status due to misinformation in prison that his treatment would cease upon release, Mr. "X" later disclosed his condition during his DHCLSC video conference. Consequently, an Application was filed in Court seeking early hearing of the Appeal and special relief on the grounds of his HIV status. The case was part-heard for five days, during which the Court requisitioned records of a previous Unreported Judgment but found it had not granted lifelong free HIV/AIDS treatment to prisoners post-release due to governmental constraints.

The Court, after inquiries on government policy changes regarding HIV/AIDS treatment, assisted by two Written Arguments, cited an Office Memorandum from the Government of India's Ministry of Health and Family Welfare, stating that all People Living with HIV (PLHIV) are entitled to Antiretroviral Therapy (ART) regardless of CD4 count, clinical stage, age, or population, provided at ART Centres free of cost as per National AIDS Control Organisation guidelines. The Judgment ordered copies to be sent to relevant authorities for compliance.

Additionally, the enforcement of the HIV and AIDS (Prevention & Control) Act 2017 on 10th September 2018, further reinforced the legal and human rights of those affected by HIV/AIDS, aiming to prevent discrimination in various spheres of life.

This Unreported Judgment signifies a significant legal development ensuring access to lifelong HIV/AIDS treatment, even after release from prison, setting a precedent for upholding the rights of marginalized populations and promoting public health initiatives.

This is an interesting aspect which I wanted to share as a Jail Visiting Advocate. My main aim to be on this panel was to represent the marginalized and give them the best representation they can get. Legal Aid has always been my passion since more than a decade now, which I still very enthusiastically pursue and shall pursue forever.

One of the most rewarding experiences in this tenure of mine has been the captioned, which is the satisfaction I get when clients in jail leave their Private Advocates, and come to avail services of DHCLSC, only due the fact that a) they might have heard the goodwill surrounding that the said advocates of DHCLSC who are coming are aiding in getting favorable orders, or the work being done through them is much faster than Private Advocates or their advice renders potential and results.

Pursuant to this, I have been a Jail Visiting Advocate at Tihar Jail 4, 6, 7 and now in 2. I have been one of those Jail Visiting Advocates, who has been persistent throughout, not only in relation to my work, but as regards follow ups with fellow collogues being the Ld. Arguing counsels, diligently understanding matters at hand thus simultaneously drafting appropriate petitions/applications for reliefs well within time, calling inmates and giving them regular updates about their cases etc. The relief rate has also been statistically quite impressive, which has led to an inflow of inmates, leaving behind Private Advocates and availing services of DHCLSC by getting a stamped and signed NOC.

I believe, this is where work speaks for itself, because having faith in one advocate especially a Sarkaari Vakeel and leaving behind a Private Advocate, perhaps reinstates my endeavor to join the Legal Aid and represent the prisoners on behalf of Delhi High Court Legal Services Committee.

I was empanelled with the Delhi High Court Legal Services Committee in the year 2015 and honestly, each matter has brought immense satisfaction to me at both professional and personal level.

There are many 'success stories' in the sense that even securing routine reliefs for interim bail touch human lives and its significance for the beneficiaries; who are the consumers of justice we serve, cannot be overstated enough.

Two cases however, do stand apart to my recollection in this journey thus far.

One of the first cases assigned to me was a criminal appeal on behalf of a convict who had been held guilty for allegedly murdering his wife in the most grotesque manner which would naturally arise a sense of judicial revulsion. Upon microscopically examining the record the Trial Court I discovered that there were some documents which were not formally proved during the course of trial and they suggested that he was afflicted from 'bipolar affective disorder'. The said circumstance was glossed over by the investigating agency and regrettably attention of the Ld. Trial Court was not invited to this aspect. We succeeded before the Hon'ble High Court of Delhi and the plea of insanity was accepted for the first time in a case of 'bipolar affective disorder' before the Indian Courts1. The accused was placed at IHBAS for receiving further treatment and the DSLSA was requested to facilitate his reintegration back in the family.

The second case which would be worth mentioning stems from an outreach program organised by the then Chairperson of the Committee- HMJ Retd. Dr. S. Muralidhar, wherein, some panel counsels were tasked to visit observation homes/places of safety housing CCL's. Records of their cases pending before the JJBs and Children's Court were examined to ascertain if their cause was being effectively represented. It was observed that in many cases the Children’s Court straight away proceeded to conduct trial acting upon the preliminary assessment carried out by the JJBs without complying with the mandate enshrined under Section 19 of Juvenile Justice (Care and Protection of Children) Act, 2015. Petitions were instituted before the Hon'ble High Court Of Delhi mounting challenge to the proceedings before the Children’s Court. This resulted in the first decision2 on the subject by the Court which held the independent.

That the applicant’s minor son aged about 14 years was missing from his home since evening of 19-06-2022, Therefore, consequently on 20-06-2022 the applicant went to the concerned Police station and got the complaint registered as FIR No. 505/2022 P.S- Ranhola. That when the applicant came to me, his 1st redressal was to change the Investigating officer of the said case as he was not cooperating and even had a verbal spat with him. He therefore wanted the case to be transferred either to the Crime Branch or to Central Bureau of Investigation. The applicant was financially very weak and was doing daily labour job to make the ends meet.

That I persuaded him, that to find the minor child it would be appropriate to file the Writ of Habeas Corpus before the Hon’ble High Court of Delhi which would sternly make the Investigation into a fast mode, but the preference of the applicant was to get the Investigation transferred. That despite several attempts to persuade the applicant to pursue the appropriate remedy so as to achieve the goal expeditiously but the applicant was determined to file the Criminal Writ Petition to transfer the Investigation.

That therefore, I had to follow the instructions given by the applicant and had filed a Criminal Writ Petition with the prayer to transfer the Investigation from the current police station to the Crime Branch or to the CBI. That the said petition was registered as WP CRL 2243/2022, which was listed for the 1st time before the Hon’ble court on 22-09-2022 and on that day the Hon’ble court was pleased to direct the D.C.P of the concerned area to monitor the Investigation. That on 22-11-2022 the investigation was transferred to the Anti-Human Trafficking Unit (AHTU) Crime Branch by the police itself and the matter was posted further for filing further investigation/status report. That finally on 01-08-2023 the minor child was recovered by the Crime Branch and the custody of the same was handed over the applicant.

That despite the fact that the applicant chose to take the wrong path of filing a petition only to transfer the investigation, as the fate would have it, he got the best possible relief from the Hon’ble court whereby his minor child aged 14 years was recovered.

The Applicant was an Afghan National foreign national. The Customs officers apprehended the Applicant and Co-Accused, and on account of some suspicious behaviour, physical search of the luggage and personal search of the said individuals was undertaken. 13 polythene pouches containing an off-white-coloured powder were found in a black and orange vest jacket worn by the applicant. Similar 12 polythenes were recovered from Co-Accused. Upon testing, the substance tested positive for commercial quantity of heroin.

We at DHCLSC had taken the ground that before sampling was done before the Magistrate in Compliance of Section 52A of the NDPS Act, all the polythenes and its substances were mixed. Also the sampling before Magistrate was done after 103 days of delay. Thus sampling was in clear violation of Standing Orders. Additionally, it was contended that there was variance in the weight mentioned in seizure memo and certificate by magistrate.

We also brought to the Court's notice there trial was going to take a long time. Therefore, it was contended that since commercial quantity though having been allegedly seized, parameters of Section 37 of the NDPS Act need not be met/ satisfied. The Hon'ble Delhi High Court after considering the aforesaid factual and legal position, granted bail to the Applicant while observing that even in situations wherein commercial quantity has been recovered from the accused, the accused have been granted the benefit of bail, while considering the period of incarceration as well as the fact that the trial is likely to take some time in the case.

In the case of Mohan Lal v. Barkha (Cr. Rev. P. 131/2022), the petitioner was directed to pay maintenance of Rs. 2,500/- per month to the respondent and Rs. 2,500/- per month each to the two minor children wherein the amount would increase by 10% every two years from the date of the order. After showing that the Ld. Family Court overlooked an earlier order wherein interim maintenance of Rs. 3000/- per month was awarded to the two minor children and the respondent was held not entitled to maintenance, we at DHCLSC were able to secure a landmark victory wherein non-disclosure by the applicant of previous proceedings and orders passed therein in subsequent proceedings was penalized and the impugned order was set aside with the matter remanded back to the Ld. Family Court. This case exemplified procedural fairness and decision on the basis of complete and accurate facts to uphold justice and fairness in the court of law.

The Applicant was an Afghan National foreign national. The Customs officers apprehended the Applicant and Co-Accused, and on account of some suspicious behaviour, physical search of the luggage and personal search of the said individuals was undertaken. 13 polythene pouches containing an off-white-coloured powder were found in a black and orange vest jacket worn by the applicant. Similar 12 polythenes were recovered from Co-Accused. Upon testing, the substance tested positive for commercial quantity of heroin.

We at DHCLSC had taken the ground that before sampling was done before the Magistrate in Compliance of Section 52A of the NDPS Act, all the polythenes and its substances were mixed. Also the sampling before Magistrate was done after 103 days of delay. Thus sampling was in clear violation of Standing Orders. Additionally, it was contended that there was variance in the weight mentioned in seizure memo and certificate by magistrate.

We also brought to the Court's notice there trial was going to take a long time. Therefore, it was contended that since commercial quantity though having been allegedly seized, parameters of Section 37 of the NDPS Act need not be met/ satisfied. The Hon'ble Delhi High Court after considering the aforesaid factual and legal position, granted bail to the Applicant while observing that even in situations wherein commercial quantity has been recovered from the accused, the accused have been granted the benefit of bail, while considering the period of incarceration as well as the fact that the trial is likely to take some time in the case.

In the intricate tapestry of the legal landscape, the threads of justice are woven not only through the application of laws but also through acts of compassion and service. Legal aid and pro bono work represent the cornerstone of this ethos, offering a lifeline to those who navigate the complexities of the legal system without the means to access its benefits.

One such success story is encapsulated in W.P. (Crl.) No. 2251 of 2023, titled Anju Sonia Baby vs. State wherein the petitioner had been incarcerated for twelve long years. The Court granted her parole for three months to arrange funds for her daughter's education and to care for her elderly mother and mentally ill daughter. This case exemplifies the dire situations faced by many individuals who lack the resources to navigate the legal system effectively. Legal aid in such circumstances becomes not just a matter of procedural assistance but a lifeline, ensuring that basic rights and dignities are upheld.

In another compelling example, the case of Crl. A. 952 of 2002, Mahesh Kumar Kallu vs. State, sheds light on the intricate nuances of legal representation. The Appellant, facing charges under Sections 452, 392, 34 IPC, and 397, was ultimately acquitted. More than a decade after the appeal was listed, the emotional toll on the accused and his family was palpable, with the appellant's mother passionately pleading for her son's innocence. The crux of the acquittal rested on the prosecution's failure to establish the accused's identity as the perpetrator. Notably, the absence of identification by the complainant and the lack of incriminating evidence led to the Appellant's exoneration, highlighting the fundamental principle of justice and the importance of robust legal defence

In both instances, the pursuit of justice extended beyond legal boundaries, delving into the realms of social welfare, familial duty, and the essence of human dignity. These triumphs underscore the indispensable role of legal aid in empowering the marginalized, providing them with a voice, and ultimately, fostering a more just and compassionate society. As legal officers, it is not just about winning cases but about advocating for those who need it most, leaving an indelible mark on the fabric of justice and humanity.