Delhi High Court Withdraws Criticism Against DHCLSC Over Alleged Lapse In Providing Legal Aid

The Delhi High Court has retracted its recent rebuke of the Delhi High Court Legal Services Committee (DHCLSC) for purportedly failing to furnish legal assistance to an indigent litigant despite repeated appeals.

The Bench of Justice Chandra Dhari Singh issued the Order subsequent to DHCLSC's submission, contending that the absence of the appointed legal aid counsel was not due to any negligence on the Committee's part but rather the litigant's failure to communicate with the Counsel.

Senior Advocate N. Hariharan appearing for DHCLSC also contended that all best efforts are made to provide legal aid to the litigants in a timely and prompt manner and any lapses therein are inquired into and rectified diligently.

The Court was apprised that Kumar had been informed about the panel counsel's appointment via telephone and was even instructed to collect the appointment letter. However, he failed to do so despite being familiar with the procedure, having collected a similar letter previously and corresponded with the former counsel, Vaibhav Kalra, a panel counsel designated by the Committee in the past.

In an order dated May 14, the Court expunged paragraphs 7 and 8 from its earlier decision issued on May 3.

"Upon perusal of the contents of the affidavit filed by the Secretary, DHCLSC, captioned application, the submissions advanced by the learned senior counsel appearing on behalf of the DHCLSC, and no-objection on behalf of Mr. Jitendra Kumar, respondent in person, this Court is of the considerate view that the explanation provided by way of an affidavit dated 8th May, 2024 is satisfactory and thus the present application may be allowed," the Court ordered.

Previously, on May 3, the High Court had reproached DHCLSC following complaints from Kumar, who alleged receiving no response despite sending two requests for legal aid.

"It is a lamentable that DHCLSC has miserably failed in discharging its primary duty of providing counsel/legal assistance to the poor litigant. Hence, the DHCLSC, instead of providing opportunities for securing justice to the poor litigants, has acted as an impediment," the Court had remarked.

Subsequently, DHCLSC sought a recall of the two paragraphs from the May 3 order.

After considering the factum of the matter, the Court directed the Secretary, DHCLSC, to file an affidavit explaining the non-action on the requests made by the respondent for appointment of counsel to represent his case and the said direction has been duly complied with by filing an affidavit dated May 8, 2024, whereby, the Secretary explained in details about the appointment of advocates for the respondent.

After considering the arguments presented, the Bench expunged paragraphs seven and eight from its May 3 order. "Accordingly, the captioned application is allowed and the paragraph nos. 7 & 8 of the order dated 3rd May, 2024 are expunged and the order shall now be read without the said paragraphs," the Court said.

Cause Title: Atlas Logistic Pvt Ltd v. Mr. Jitendra Kumar [W.P.(C) 10371/2022]

Appearance:-

Petitioner: Senior Advocate N. Hariharan, Advocates Nandita Rao, Punya Rekha Angara, Mueed Shah

Respondent: Advocate Gaurav Pandey

Click here to read/download the Order