REPORTABLE

2026 INSC 369 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. ___........................____ OF 2026 (Arising out of SLP (Crl.) No (s) .......... of 2026@Crl.MP. 7862 of 2017)

SHANKAR MAHTO ... APPELLANT(S)

VERSUS STATE OF BIHAR ... RESPONDENT(S)

O R D E R

SANJAY KAROL, J.

THE APPEAL AND ITS PREVIOUS ORDERS Delay condoned.

Leave granted.

1. 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, Signature Not Verified D R i A g J it N al I l y M s Ua ig K n Hs e I d b p y er judgment dated 20^th February, 2014, this Court in terms of the order dated Date: 2026.04.16 Reason:

05^th May, 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 dated 16^th October, 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 Courts/State Governments/Union Territories to enable them to give their suggestions before any modalities could be finalized. The order dated 26^th February 2020, and 5^th March, 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 dated 19^th January 2021 reads as under:-

“We have noticed that in the special leave petitions filed by Supreme Court Legal Services Committee (SCLSC) on behalf of the convicts, there is an inordinate delay which becomes difficult to condone. Needless to say, the situation brings about a lack of even handedness in dealing with matters of condonation of delay. We see no reason why these delays should continue to occur particularly with the availability of tools provided by information and communication technology which are easily available. In this matter, Ms. Vibha Datta Makhija, learned Amicus Curiae, has submitted a report dated 15.01.2021 in consultation with the SCLSC on measures to curb the delay. Valuable as that report is, we consider it appropriate to constitute a Committee comprising of certain experts who would examine all the suggestions and responses which may be received by it from the High Courts as well as the other stakeholders. In view of the other suggestions (Annexure B) by NALSA and the response submitted by various High Courts, we find it appropriate to constitute a Committee comprising of Secretary (Ministry of Home Affairs), Government of India, Director General, National Informatics Centre, Member (Process), E-Committee, Supreme Court of India and Member Secretary, NALSA. The Committee shall examine the aforementioned suggestions/responses and submit a report with regard to digitization, translation and electronic transmission of records to facilitate access to justice and timely filing of appeals/SLPs by the convicts, by utilizing the Information and Communication Technology tools, within four weeks. We have also gone through the Module and the Note dated 16.10.2019 as per the

report for timely filing of appeals/SLPs of convicts though the Legal Services Institutions. We therefore direct the High Courts to submit their responses to the Committee through their Registrars General within two weeks. The Committee shall submit its report within two weeks’ thereafter. The Secretary General of this Court shall coordinate meetings of the Committee....”

3. By order dated 23^rd May 2025, certain questions w