SHANKAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE APPEAL AND ITS PREVIOUS ORDERS -Delay condoned. -Leave granted. - While dealing with an appeal by the appellant, challenging the judgment of conviction and sentence to death awarded to him and confirmed in terms of Criminal Appeal No. 425 of 2002 passed by the High Court of Judicature at Patna, as per judgment dtd. 20/2/2014, this Court in terms of the order dtd. 5/5/2017, this Court noticed that inordinate delay was affecting matters in which legal aid was involved. With an intent to find out the cause for the same and issue directions as may be necessary, Ms. Vibha Datta Makhija, learned senior counsel, was appointed as amicus curiae to assist the Court. Since then, the matter has been listed on numerous occasions. By order dtd. 16/10/2019 it was recorded that various deliberations had taken place across agencies including the Supreme Court Legal Service Committee['SCLSC'] and National Legal Service Authority, with the learned amicus curiae, and the same had been crystallized into a note of suggestions. Notices were sent to the High CourtsState GovernmentsUnion Territories to enable them to give their suggestions before any modalities could be finalized. The order dtd. 26/2/2020, and 5/3/2020, reveals that the death reference from which the original proceedings before this Court arose was decided, and as such, this miscellaneous petition was de-tagged.

(2.) Order dtd. 19/1/2021 reads as under-

(3.) By order dtd. 23/5/2025, certain questions were put to the Secretary of the SCLSC, and he was required to file an affidavit in that regard. The questions are as follows -