Orissa High Court Condones 4565-Day Delay in Jail Criminal Appeal Filing, Asserts Right to Appeal as Fundamental

The Court emphasizes the sacrosanct duty of authorities to provide timely legal aid to convicts, ensuring their right to appeal is upheld.

In a landmark decision, the Orissa High Court has condoned an extensive delay of 4565 days in the filing of a Jail Criminal Appeal by Jatia Hembram, a life convict, underscoring the fundamental nature of the right to appeal. The Division Bench, comprising Justices S.K. Sahoo and Sibo Sankar Mishra, highlighted the imperative role of authorities in providing timely legal aid, emphasizing that the right to appeal is not merely statutory but a fundamental right under Articles 14 and 21 of the Indian Constitution.

Jatia Hembram was convicted under Section 302 of the Indian Penal Code in 2013 and sentenced to life imprisonment. The delay in filing the appeal was attributed to the lack of awareness and legal assistance, a situation the Court deemed unacceptable. The judgment reiterates the duty of jail authorities and legal services to actively assist convicts in understanding and exercising their appeal rights.

During the proceedings, the Court was informed of a systemic lapse in ensuring that convicts were aware of their rights and had access to legal aid. The District and Sessions Judge of Baripada, Mayurbhanj, in a report, acknowledged the oversight and assured corrective measures, including regular inspections and ensuring convicts are informed of their rights to file appeals.

The Court's decision draws attention to a significant issue in the criminal justice system where convicts, often unaware of their rights or lacking resources, are unable to appeal against convictions. The judgment mandates that refusal by convicts to appeal must be documented, ensuring transparency and accountability.

The Orissa High Court's directive to condone the delay and admit the appeal is a crucial step in reinforcing the judicial system's commitment to upholding constitutional rights and providing justice to all, regardless of their economic or social standing.

This case also highlights a broader systemic issue, prompting the Court to order a special drive by the Director General of Prisons to audit the status of appeals by convicts across the state. The judgment is expected to set a precedent in ensuring that the legal aid framework is robust and accessible, thus safeguarding the rights of convicts to seek redressal through the appellate system.

Bottom Line:

The right to prefer an appeal against a conviction is not only a statutory right but also a fundamental right under Articles 14 and 21 of the Constitution. Authorities must ensure timely legal aid to convicts for filing appeals.

Statutory provision(s): Articles 14 and 21 of the Constitution of India, Section 302 of the Indian Penal Code

Jatia Hembram v. State of Odisha, (Orissa)(DB) : Law Finder Doc Id # 2813607