New Delhi, Sept, 02
The National Legal Services Authority (NALSA) provided five-star accommodation to judges attending its conferences even as it didn’t have money to bear the travel and accommodation expenses of a poor litigant fighting a protracted legal battle, Supreme Court judge Dipankar Datta has said.
Constituted under the Legal Services Authorities Act, 1987, the NALSA is mandated to provide free legal aid/services to the weaker sections of the society and to organise Lok Adalats for amicable settlement of disputes. The Chief Justice of India is its Patron-in-Chief and the senior-most judge of the Supreme Court is its Executive Chairman.
Participating in a panel discussion at the inaugural AK Sen Memorial Lecture in the National Capital last evening, Justice Dipankar Datta recollected how he dealt with a case as a judge of the Calcutta High Court where the NALSA, Supreme Court Legal Services Authority and the State Legal Services Authority – all opposed his proposal to cover the accommodation and travel expenses of a poor litigant who was fighting a case in the Supreme Court.
Justice Datta said as the litigant lacked legal knowledge, he appointed an amicus curiae who explained that that ‘legal services’ under the 1987 Act included service of any kind.
”I ultimately ruled that the Legal Services Authorities Act is not to only guarantee equality to marginalised sections only on paper. It has to be reality. Otherwise it would be largely a mirage,” he said.
“Now, 10 years down the line, when I attend NALSA conferences, I find, oh my God! Where does the money come from? Five-six judges from each high court are invited, and we are accommodated in five-star hotels. Is this the purpose for which the Legal Services Authorities Act was enacted?” Justice Datta wondered.
He suggested that judges who have at least three years in the parent high court should be appointed as Executive Chairman of the State Legal Services Authority in order to ensure continuity and better administration.
Noting that legal aid for the poor did not mean poor legal aid, senior advocate Mahesh Jethmalani said it should be mandatory for all senior advocates to do one trial, civil or criminal and one appeal every year as a part of free legal aid.
Delivering the inaugural AK Sen Memorial Lecture, Justice Surya Kant described Sen as “an institution in himself” and a “distinguished legal mind, a true statesman and above all a compassionate human being”.
