Observing that detaining those who were yet to be convicted was “totally unjustified and in violation of the fundamental rights to personal liberty under Article 21 of the Constitution,” the apex court said: “We would strongly recommend to the Government of India and the state Government that it is high time that a comprehensive legal service programme is introduced in the country. That is not only a mandate of equal justice implicit in Article 14 and to right to life and liberty conferred by Article 21, but also the compulsion of the constitutional directive embodied in Article 39A.”

Subsequent to this came another decision in 1981, where Justice Bhagwati again reminded states of their “constitutional mandate” to provide free legal aid to an accused person who is unable to secure legal services on account of indigence.

This was the case of Khatri vs State of Bihar, where the Bench presided by Justice Bhagwati, the former Chief Justice of India, lamented: “It is unfortunate that though this court declared the right to legal aid as a fundamental right of an accused person by a process of judicial construction of Article 21, most of the states in the country have not taken note of this decision and provided free legal services to a person accused of an offence.”

He went on to state, “The state may have its financial constraints and its priorities in expenditure but the law does not permit any Government to deprive its citizens of constitutional rights on the plea of poverty.”

... contd.