The High Court of Karnataka has sought data on how many convicts have exercised their legal right to file appeals against their conviction, and whether they have been provided with legal aid as per the law in case they were unable to engage the service of an advocate on their own.
A Division Bench comprising Justice Suraj Govindaraj and Justice G. Basavaraja passed the interim order after noticing that the High Court had to appoint an amicus curiae to represent a convict from Dharwad as the advocate representing him had stopped appearing on his behalf.
No appeal filed
Also, the Bench found out through the amicus curiae that one of the accused persons in the same case had not filed any appeal against his conviction.
The Bench directed the High Court Legal Services Committee (HCLS) to collect the details from all the prisons in the State on the number of convicts, and whether all the convicts have filed appeals against their conviction.
In case of appeals filed by the convicts, the HCLS has to find out whether the appeals were filed through private advocates or the advocates appointed through the Karnataka State Legal Services Authority, the Bench said. If no appeals have been filed, the reasons why appeals have not been filed and whether free legal service/aid was extended to such convicts or not has to be ascertained, said the Bench.
Keeping track
The Bench also directed the Registrar (Computers) to develop necessary software to keep track of whether convicted persons filed appeals and whether they availed of legal assistance.
Any person in custody ought to be provided free legal aid for the purpose of challenging any order of conviction that might have been passed against such a person if such a person is unable to avail of legal assistance to exercise his right to challenge the conviction, the Bench observed.