In a landmark ruling, the Supreme Court of India has approved a detailed Standard Operating Procedure (SOP) designed to end the long-standing problem of inordinate delays in filing appeals and Special Leave Petitions (SLPs) by convicts receiving free legal aid.
The judgment, delivered by Justice Sanjay Karol, arises from the case of Shankar Mahto, a death-row convict whose appeal highlighted systemic delays in the Supreme Court Legal Services Committee (SCLSC). After years of hearings involving senior counsel, NALSA, and all stakeholders, the Court has now put in place clear, time-bound rules that will apply across the country.
The Core Issue the Court Addressed
For years, prisoners depending on legal aid faced repeated obstacles: incomplete documents, slow translation of vernacular records into English, poor coordination between jails, High Court Legal Services Committees (HCLSCs), and the SCLSC, and late assignment of cases to lawyers. These delays often forced the Supreme Court to condone unusually long periods of delay, creating inconsistency in how cases were handled.
The Court observed that modern technology and better processes could easily prevent such delays. The new SOP directly tackles these gaps.
Key Features of the New SOP (2025)
The Supreme Court has made the timelines in the SOP binding for all legal-aid matters. Here are the most important changes:
• Strict, stage-wise timelines for every step — from supplying the judgment to the convict, obtaining consent to appeal, collecting and digitising records, assigning translators, completing translations, and finally transmitting the file to the lawyer for filing.
• Priority classification of cases:
– Category A (highest priority): Death sentence, life imprisonment, sentences of 10 years or more, juveniles, and other urgent matters — with daily monitoring and faster deadlines.
– Category B: Medium-priority criminal cases.
– Category C: All other matters.
• Mandatory digital platform to be created by the National Informatics Centre (NIC) for seamless uploading, tracking, and sharing of documents between HCLSCs, SCLSC, jails, and legal services authorities.
• Expanded translator cadre: High Courts must create and fill regular/contractual posts of translators and supervisors (at least one-third of the judge strength) and empanel additional qualified translators paid at market rates.
• Monitoring Committees to be constituted in every High Court and the Supreme Court to review progress weekly and hold authorities accountable.
• Jail-level reforms: Regular video-conference meetings every 15 days, maintenance of a “Legal Proceedings Register,” and faster document supply by jail superintendents.
• Delay-explanation checklist: Every legal-aid appeal or SLP must now attach a table showing exact dates for key stages (judgment upload, communication to convict, consent, translation, lawyer assignment, and filing). This removes vague excuses for delay.
The Court has directed High Courts to implement the translator-related recommendations within four weeks and the digital platform within two months. Monitoring committees must be formed within one month.
A Significant Step for Access to Justice
This SOP gives practical effect to Article 39A (free legal aid) and Article 21 (right to life and personal liberty) of the Constitution. It ensures that convicts — especially those from marginalised backgrounds who cannot afford private lawyers — are not denied their right to appeal due to administrative delays.
The judgment also builds on earlier directions given in Suhas Chakma v. Union of India and reinforces the constitutional obligation of the State and legal services authorities to provide timely and effective legal aid.
Case Details
Case Name: Shankar Mahto vs. State of Bihar
Citation: 2026 INSC 369
Arising from: SLP (Crl.) arising out of Crl. MP No. 7862 of 2017
Click HERE for full judgment
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