# already been sent by the State Legal Services Authority through there Letter

- **Citation:** C.L. No. 31/VII-d/108
- **Court:** Allahabad High Court
- **Decided:** 1998-10-23
- **Case number:** C.L. No. 31/VII-d/108
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/already-been-sent-by-the-state-legal-services-authority-through-there-letter-163959
- **Pages:** 3

## Text

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already been sent by the State Legal Services Authority through there Letter
No.31/SLSA/267-98 dated October 23, 1998.

You are, therefore, requested to celebrate ̳ Legal Aid Day' on 9th November,
1998 keeping in view the instructions of the State Legal Services Authority in this regard.
(xi)
Disposal of cases through Lok Adalats.
C.L. No. 31/VII-d/108 Dated: 23rd December, 1999

The disposal of cases through Lok Adalats was reviewed in the meeting of the
State Legal Services Authority, Hon'ble the Chief Justice (The patron in Chief of the
State Legal Services Authority) has shown his concern and observed that a large number
of litigant in the State feel handicapped in the pursuit of justice on account of poverty,
illiteracy, social backwardness, or other disabilities. The goal set out under Article 39 A
of the Constitution of India cannot be achieved unless the District Judiciary is involved in
Legal Aid Programme and every Judicial Officer in the District helps to instill in the
mind of the poor and weak the confidence that our administration of justice is committed
to ensure evenhanded justice for all. In the past, the graph with regard to the holding of
Lok Adalat and disposal of cases presented a very discouraging situation.

I am, therefore, directed to request you to take the following measures:
(I)
Every Judicial Officer should take care of the poor litigants who appear to
be handicapped or at a disadvantageous and their matters be referred for
Legal Aid facilities.
(II)
Well structured and broad based legal aid programme should be taken
U.P. and every judicial officer should be associated with the programme.
(III)
Legal Aid programme must be strictly supervised by the District officer so
that good quality and competent legal aid can be ensured.
(xii)
Establishment of Lok Adalats in hills and other newly created districts on
permanent basis.
C.L. No. 12/VIId-108 Dated 17th February, 2000

In continuation of the circular letter No.10/VII-108 dated May 4, 1999 I am to
inform you that with a view to provide additional forum to the Litigants for redressal of
their disputes, Hon'ble Court keeping in view the provisions of Section 19(2), (3) and (4)
of the Legal Service Authorities Act, 1987 has decided to establish the permanent and
continuous Lok Adalats. Following measures are required to be adopted in the District
Nanital, Almora, Pithoragarh, Dehradun, Pauri, Tehri, Chamoli, Uttarkashi, Udamshing
Nagar. Ambedkar Nagar, Auraiya, Baghpat, Balrampur, Chandauli, Chhatrapati Shauji
Mahraj Nagar, Gautambuddha Nagar, Hathras, Jyitiba Phule Nagar, Kannauj, Shrawasti:
(a)
The bench of permanent Lok Adalat comprising of District Judge/Civil
Judge (Sr. Division/Civil Judge ( Jr, Division) and one person having
qualification as prescribed in Rule 17 of the U.P. State Legal Services
Authority Rules 1996 shall be made by the District Judge keeping in view
the nature of cases.
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(b)
In case of any difficulty the District Judge shall seek direction from the
Court.

You are, therefore, requested to carry out the aforesaid directions so as to
establish the permanent Lok Adalat expeditiously.
(xiii) Preparation of decree in the cases decided by the Lok Adalat and

authentication of the copy of Award.
C.L. No. 16/VIID-108 Dated: 19 April 2000
I am directed to say on the above subject that U.P. State Legal Services Authority
has made a reference to the Court on the Queries received by them from some of the
districts as to who shall draw the decree in consonance with the award given in Lok
Adalats and also as to who will certify the copy of the award to be issued for execution.

In this connection aid can be have from the provisions of the Legal Services
Authorities Act [Section 21 (2)] and also from the Code of Civil Procedure [Order XX].
Award given by the Lok Adalat is not required to be expressed by way of drawing a
separate decree.

I am, therefore, to point out that there is no necessity for drawing formal
expression of the decision made by the Lok Adalat. Further, for the issuance of copy of
the order, normal procedure for copy shall be applied as if the order has been passed by
the Civil Court.
(xiv)
Referring the maximum number of Government cases to the Lok Adalats
C.L. No. 21/ VIId-108 Dated: 22nd May, 2000

I am directed to enclose herewith a copy of Government letter No.108/VII-Nyays
(Ka.Ni.)-2000-60/90 dated 10.4.200 regarding expeditious disposal of the cases in cases
in large number from Lok Adalats and to say that Government have expressed its concern
over not referring sufficient number of Government cases to the Lo0k Adalats in view of
the Fact that there is heavy pendency of such cases.
 I am, therefore, to request to you kindly to invite attention of the Revenue
department and other department to get their cases resolved through Lok Adalats.
C.L. No. 48/VIId-108 Dated: 20th October, 2000
Hon'ble Court has observed with concern that the courts dockets are overcrowded
resulting in inordinate delay in the disposal of case. Delay breeds litigation as many
litigants come to court with untenable claims in the found hope of securing an undeserved
interim order and then enjoying the fruits thereof for years on end. As a poor litigant has
no capacity to wait indefinitely, courts should try to assist him to have his dispute
resolved through the instrumentally of the Lok-Adalatas. In this regard, November 9,
2000 shall be celebrated as ―Legal Services Day‖ by the District Legal Services
Authority. On that day in each district, Lok Adalat shall be organized to ensure large
disposal of cases. Following measures are to be taken at your level:
(i)
A broad-based Legal Aid Programme should be taken Uttar Pradesh on
that day, including Legal Literacy Camps.
491
(ii)
Efforts should be made for ensuring large disposal of cases.

You are, therefore, requested to implement the aforesaid objectives in a suitable
and befitting manner for achieving the purpose.
C.L. No. 3 Dated 16th January, 2001

―Free Legal Aid‖ to poor persons and persons of limited means is a service,
which a welfare State owes to its citizens. The preamble to the Legal Services Authorities
Act, 1987 also lays emphasis on the competent legal services to the eligible. Equal access
to law for the rich and poor alike is essential to provide adequate legal advice and legal
representation to all those threatened as to their life, liberty, property or reputation who
are not able to pay for it. But on account of various reasons, the aided persons getting
legal aid through Legal Services Authorities and committees carry an impression that
legal assistance being provided to them is no match to that which a person with resources
can arrange. Many times litigants with less efficient legal assistance are put to
disadvantage in Courts of law and face enormous difficulties in pursuit of justice.
Hon'ble Court has also noticed that sacred obligation of the State is to provide legal aid
to all those who are not able to pay for it as, at best, being carried out in the State to a
limited extent only because of the engagement of inexperienced lawyers for the said
purpose. It is also necessary to understand the full implication of the principle of equality
in the eye of law and equal protection of the law in the context of ―Legal Aid‖ for
indigent litigants, may in practice, be deprived of adequate legal advice either due to
indigence or due to the appointment of cheap and consequently an inexperienced lawyers,
whereas the State or the other authority who would probably be able to pay more, may
engage a senior member of the bar and thus again an unfair advantage over the former.
This practical difficulty cannot, therefore, be disassociated from the question of adequate
remuneration for the services rendered. Hon'ble Court desires that this imbalance
between the qualities of legal assistance must go at the earliest.

I am further to add that in spite of various legislations, social reforms, legal
awareness, women in the State continue to suffer injustice. They very often face
embarrassment and humiliation when they are asked to discuss their personal problems
with counsel from the opposite gender. Law alone is not sufficient to stamp out this
menace from our society. Hon'ble Court desires that as far as possible legal matters
pertaining to women should be entrusted to lady advocates so that an effective and
meaningful interaction takes place between the counsel and aided person to secure
justice.

I am, therefore, desired to bring to your notice that panel of legal aid counsel
should be compressed and better emoluments should be offered so that more talented and
experienced counsel join that panel and help in providing legal aid to the poor, backward,
downtrodden and to women.
C. L. No. 4/2007: 20th February, 2007
The Hon'ble Court expressing anguish over the appalling state of affairs in the
matter of non registration of the complaints at the police stations in the matters of the
children being reported missing by their hapless indigent parents/persons while issuing
various directions to the police authorities inter alia to ensure lodging of F.I.R. In all such