Orissa High Court Condones 12-Year Delay in Murder Convict's Appeal, Cites 'Sacrosanct Duty' of State to Provide Legal Aid

CUTTACK, ODISHA – In a significant ruling that underscores the fundamental right to justice for convicts, the Orissa High Court has condoned an extraordinary delay of 4,565 days (over 12 years) in the filing of a criminal appeal by a man serving a life sentence for murder. The bench, comprising Justice S.K. Sahoo and Justice Sibo Sankar Mishra , described the right to appeal as an "invaluable right" linked to Articles 14 and 21 of the Constitution and issued sweeping directives to reform the state's legal aid and prison systems.

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Background of the Appeal

The case involves Jatia Hembram, who was convicted for an offence under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the Additional Sessions Judge, Baripada, on January 30, 2013. However, his Jail Criminal Appeal was only filed before the High Court on October 4, 2025.

Taking note of the staggering delay, the High Court initiated an inquiry to determine why the convict had been deprived of his right to challenge the judgment for over a decade.

A Systemic Failure Uncovered

The court's investigation revealed significant systemic lapses. It summoned the Jail Superintendent of Circle Jail, Baripada, the District & Sessions Judge, and the Secretary of the District Legal Services Authority (DLSA), Mayurbhanj, to explain the delay.

The inquiry confirmed that no previous appeal had been filed. The District and Sessions Judge submitted a report acknowledging the delay was "unintentional" and offered a "sincere apology," assuring the court of future vigilance. The report detailed that steps were only taken to file Hembram's appeal after the matter was brought to the DLSA's attention in September 2025.

The Director-General of Prisons, Mr. Susanta Kumar Nath, also appeared before the court and admitted that this was not an isolated incident. He informed the bench that a special drive had uncovered over 100 similar cases where convicts' appeal statuses were unknown to jail authorities.

Right to Appeal as a Fundamental Right

The bench delivered a powerful statement on the nature of appellate rights, emphasizing that they are not merely procedural formalities but are central to the constitutional guarantee of justice.

> "A right of appeal is an invaluable right, particularly for an accused who cannot be condemned eternally by a trial Judge, without having a right to seek a re-look of the trial Court’s judgment by a Superior or Appellate Court. The right to prefer an appeal by an accused against the conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution."

The court stressed that when a convict is in custody and lacks the financial means to file an appeal, it becomes the "sacrosanct duty" of the concerned authorities, particularly the DLSA, to provide prompt and effective legal aid.

Citing the Supreme Court's decision in Kamaljit Kaur v. State of Punjab , the bench also directed that if a convict, after being properly advised, chooses not to file an appeal, their refusal must be obtained in writing to prevent any misuse of the legal process.

Court's Decision and System-Wide Directives

Taking a "liberal view" considering the appellant's poor financial condition and the systemic failures that led to the delay, the High Court condoned the 4,565-day delay and admitted the appeal for hearing. Senior Advocate Mr. Goutam Misra was appointed as Amicus Curiae to represent the appellant.

More significantly, the court issued a series of directives to the D.G. of Prisons to prevent such a miscarriage of justice in the future:

1. State-Wide Drive: A new special drive must be conducted in all jails to identify convicts who have not yet filed appeals.
   
   
2. Mandatory Record-Keeping: Jail authorities must maintain a detailed record for each convict, including their appeal number, the name and contact details of their counsel, and the status of any pending applications.
   
   
3. Verification System: The correctness of appeal filings must be verified through the High Court's website.
   
   
4. Report to the Court: The data collected from the state-wide drive must be submitted to the High Court within four weeks.

The court ordered that a copy of its judgment be forwarded to all District and Sessions Judges in Odisha to ensure compliance, signaling a major push for systemic reform in safeguarding the appellate rights of prisoners. The matter is scheduled for its next hearing on January 7, 2026.