Point of Law : Victim of atrocities is entitled to get assistance from Non Government Organisations, Social workers or Advocates.

JUDGMENT :

This victim appeal is filed challenging an order passed by Court of Sessions, Pathanamthitta on 10.11.2021 in Criminal Miscellaneous Petition No.2137/2021 in S.C.No.245/2020 originated from Crime No.2058/2020 of Pandalam Police Station. An application was preferred by the petitioner before Court of Sessions, Pathanamthitta (for short ‘the court below’) seeking to get assistance of a counsel from Pathanamthitta Bar who is at present posted as Additional Public Prosecutor. The court has passed the order dismissing the prayer but was pleased to grant legal aid as envisaged under the Legal Services Authorities Act, 1987 by appointing Smt. Lathika Bhai to assist the petitioner. The said order is challenged in this Appeal.

2. According to the learned counsel Sub-section (12) of Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’) entitles the petitioner to get assistance of a lawyer of her choice to contest her case. Section reads :

“It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations, social workers or advocates.”

3. True that under the provisions of law extracted above, a victim of atrocities is entitled to get assistance from Non Government Organisations, Social workers or Advocates.

4. Moreover under the provision, the victim of atrocities or their dependents need not apply before the court seeking for permission to get assistance of a non government organisation, social workers or Advocates. In the case on hand the petitioner has wrongly approached the court below seeking for permission for assistance from a Public Prosecutor. Sub-section (12) of Section 15-A of SC/ST (POA) Act provides that the petitioner is entitled to get assistance from any Advocates, social workers or non-governmental oraganisations. Moreover, Sub-section (12) provides that it is the choice of the victim to opt for assistance from the three categories of persons specifically incorporated under the provision. In that context, the court below has gone wrong in directing the assistance of a counsel of it’s choice from the panel of lawyers for legal aid maintained by the District Legal Services Authority (for short ‘DLSA’)

In the above circumstances, Criminal Appeal (v) stands allowed in part. The order to the extent it appoints Smt. Lathika Bhai, counsel from a panel maintained by the DLSA to assist her is set aside. It is clarified that the petitioner can opt the assistance either from any advocate of her choice or any Non Government Organisation or any social worker. Only thing is that she must inform the court well in advance by filing a memo that she opts to get assistance of an advocate, or a member of the Non Government Organisation or a social worker (specifying the name of such Advocate, Organisation or Social Worker). It is clarified that the person chosen for assistance shall not interfere with the function of the court during trial but shall only offer necessary assistance to the victim or the prosecutor appointed by the State to safeguard her right in the trial and she won’t get any opportunity to submit anything before the court, otherwise than through the Prosecutor who stands appointed for the purpose.