No funds for poor, 5-star stay for judges: Justice Datta slams NALSA

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 lodging 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, NALSA is mandated to provide free legal aid/services to the weaker sections of society and to organise Lok Adalats for amicable settlement of disputes. The Chief Justice of India is its patron-in-chief and the seniormost judge of the SC is its executive chairman.

Participating in a panel discussion at the inaugural AK Sen Memorial Lecture here last evening, Justice Datta recollected how he dealt with a case as a judge of the Calcutta High Court where NALSA, Supreme Court Legal Services Authority and the State Legal Services Authority opposed his proposal to cover the accommodation and travel expenses of a poor litigant who was fighting a case in the SC.

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 was not just to guarantee equality to marginalised sections only on paper. It has to be reality or 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 or 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 HC should be appointed as executive chairman of the State Legal Services Authority in order to ensure continuity and better administration.

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.

Legal Services Authority opposed his proposal

Justice Dipankar Datta said NALSA, SC Legal Services Authority and the State Legal Services Authority had earlier opposed his proposal to cover the accommodation and travel expenses of a poor litigant who was fighting a case in the top court.