Shankar Mahtov.State of Bihar

transmission, monitoring, and quality control processes. It is mandatory for all HCLSCs, DLSAs, SLSAs, SCLSC, NALSA, and associated jail authorities across India.

2.2 Definitions

(a) Certificate of True Translation: A sworn affidavit certifying the accuracy and fidelity of the translated document.

(b) Declaration of Non-Association: A statement by the translator affirming no personal or professional connection to the case or parties involved.

(c) Impugned Judgment: The judgment or order being challenged before the High Courts and/or the Supreme Court.

(d) Legal Aid Matter: Cases where free legal services are provided to eligible persons under the Legal Services Authorities Act, 1987, at any level.

(e) Source Language: Language in which the vernacular records of the particular High Court are maintained.

(f) Video Conferencing (VC): Secure digital meetings using platforms compliant with data protection standards as per court procedures.

3. CATEGORIZATION OF CASES

To prioritise resources and ensure expedited handling for urgent matters, cases shall be categorised based on the nature and severity of the case. Prioritisation shall influence timelines, resource allocation, and monitoring frequency.

3.1 Category A1: High-Priority Criminal Cases

3.1.1 Includes cases involving death sentences, life imprisonment, or sentences of ten years or more, of persons in custody and cases of Juvenile Offenders.

3.1.2 Rationale: These cases involve severe liberty deprivations and require immediate action to prevent prolonged injustice.

3.1.3 Additional Requirements: Mandatory daily status updates during the initial 15 days post-judgment.

3.2 Category A2: High-Priority Civil Cases

3.2.1 Matters relating to the imminent apprehension of the demolition of property.

3.2.2 Matters relating to dispossession, eviction etc.

3.2.3 Matters pertaining to medical termination of pregnancy.

3.2.4 Matters pertaining to the custody of children.

3.2.5 Any other category of cases duly notified by the HCLSCs.

3.3 Category B: Medium-Priority Criminal Cases

3.3.1 Includes cases involving sentences of less than ten years but more than one year, or cases with significant human rights implications (e.g., women, or SC/ST atrocity cases).

3.3.2 Rationale: Balances urgency with resource constraints for less severe but still critical matters.

3.3.3 Additional Requirements: Bi-weekly reviews and prioritised translator assignment.

3.4 Category C: Civil and Other Cases

3.4.1 Includes all other civil matters, family disputes, property cases, and criminal cases with sentences of one year or less.

3.4.2 Rationale: These are handled on a standard timeline unless escalated due to exceptional circumstances (e.g., involving vulnerable groups).

3.4.3 Additional Requirements: Quarterly audits for compliance.

3.4.4 Escalation Protocol: Any case may be re-categorised upon review by the HCLSC Monitoring Committee if new facts emerge (e.g., health deterioration of the convict).

4. TRANSLATION AND DOCUMENTATION

4.1 Initiation of Translation

4.1.1 Translation shall commence immediately upon:

(a) Admission of an appeal for final hearing in the High Court, or
(b) Receipt of the convict's consent for appeal in criminal cases, and
(c) Acknowledgment of eligibility for grant of legal aid by the Legal Service Institution i.e., HCLSC/SCLSC.

4.1.2 All documents shall be scanned and digitised before and after translation to enable secure sharing.

4.2 Priority Documents for Translation

4.2.1 The following documents shall be translated on a priority basis to be filed along with the appeal/SLP:

a. Judgment, (full text, including reasoning and operative part), orders and pleadings
b. Statements of at least two principal witnesses including cross-examination.
c. First Information Report (FIR) and chargesheet (including annexures)
d. Relevant exhibits, such as medical reports, forensic evidence, or property documents
e. Trial court records, including depositions of key experts (e.g., doctors, ballistic experts)
f. Bail applications, interim orders, and any prior appellate decisions
g. Convict's personal details, including socio-economic background for legal aid eligibility.

4.2.2 The rest of the lower court record shall be fully translated ensuring completeness of the record, which will be filed within 60 days of filing the appeal/SLP.

4.3 Translation Standards

4.3.1 Translations must be from the original language (e.g., regional languages) to English, unless specified otherwise by the appellate court.

4.3.2 Use legal terminology consistent with standard judicial glossaries.

4.3.3 Every translated document shall include:

(a) A unique reference number linking it to the original
(b) Page-wise cross-references.
(c) Certificate of True Translation signed by the translator and supervisor
(d) Declaration of Non-Association with the case or the parties signed by the translator and supervisor to avoid conflicts of interest.

4.3.4 Formats: Translations shall be in PDF with searchable text, watermarked for authenticity.

4.4 Handling Sensitive Information

4.4.1 Redact personal identifiers (e.g., names of the victims/Protected witnesses’ addresses, Aadhaar numbers etc.) in compliance with data protection laws.

4.4.2 Ensure that translations of sealed documents (e.g., in-camera proceedings) are handled confidentially and sensitively.

5. TIMELINES AND RESPONSIBILITIES

5.1 The following table outlines key stages, responsible authorities, actions, and timelines. All timelines are mandatory and subject to extensions only with documented justification and approval from the SCLSC.

APPEAL BEFORE THE HIGH COURT – CRIMINAL CASES

SLP/APPEAL BEFORE THE SUPREME COURT – CRIMINAL CASES

APPEAL BEFORE THE SUPREME COURT – CIVIL CASES

Note: Non-compliance with timelines will trigger automatic alerts and may result in potential disciplinary action.

6. TRANSLATOR ENGAGEMENT AND OVERSIGHT

6.1 Recruitment and Empanelment

6.1.1 All High Courts to create and sanction regular/ contractual posts of Translators and Translation Supervisors which must not be less than one third the judge strength of the respective High Courts, and fill all posts within 90 days of vacancy.

6.1.2 Additionally, panel Translators to be paid market per page rates to be determined by respective High Courts, the expenses of which will be borne by the respective High Courts.

6.1.3 Minimum Eligibility Criteria for Translators: (a) Bachelor's degree in source language and/or English; preference for LL.B. or legal certification; (b) Minimum 2 years of translation experience in legal/judicial contexts; (c) Proficiency in at least two languages (source and English).

6.1.4 Minimum Eligibility for Translation Supervisors: (a) Post Graduate Diploma in Translation (PGDT), and/or Bachelor’s Degree in Source Language or English; (b) LL.B. degree; (c) Minimum 5 years of translation experience in legal/judicial contexts; (d) Proficiency in at least two languages (source and English).

6.1.5 Empanelment Process: (a) Open advertisement and screening by a committee (HCLSC Secretary, judicial officer, language expert); (b) Written proficiency test (legal text translation) and interview; (c) Background verification for integrity.

6.2 Training and Development

6.2.1 Mandatory induction training on legal terminology, ethical standards, and digital tools (duration: 5 days).

6.2.2 Annual/Periodic refresher courses and workshops on emerging legal issues.

6.2.3 Performance Metrics: Accuracy rate >95%, turnaround time adherence.

6.3 Oversight Mechanisms

6.3.1 All translations shall be assigned as per the timelines indicated above.

6.3.2 All translations shall be verified within 15 to 30 days of submission, failing which the concerned officer shall be required to furnish an explanation for the delay.

6.3.3 Each translation shall be checked, verified and vetted by the Translation Supervisor.

6.4 Remuneration and Incentives

6.4.1 Fixed salary for permanent posts as per the respective High Court pay-scales;

6.4.2 Per-page rates for panel translators at market rates; and

6.4.3 Incentives for timely completion in Category A cases.

6.4.4 Periodic revisions of rates are made commensurate with prevailing market rates.

7. DIGITAL COORDINATION

7.1 Platform Integration: SCLSC, HCLSCs and Jail authorities shall integrate their systems into a unified digital platform to ensure seamless coordination, monitoring and timely exchange of information. NALSA shall be given access to this platform for real-time oversight and data analysis.

7.2 Key Features:

(a) Secure uploading/downloading of documents with encryption.
(b) Real-time tracking dashboards for case status, timelines, and alerts.
(c) Role-based access: View-only for litigants; edit for authorities.
(d) Automated reminders (e.g., SMS/email) 48 hours before deadlines.
(e) Audit logs for all actions to ensure traceability.

7.3 Technical Support: MTNL or the designated service provider agency shall provide 24/7 helpdesk, regular updates, and cybersecurity audits.

7.4 Data Backup and Recovery: Daily backups; compliance with the IT Act, 2000.

7.5 Training: Mandatory digital literacy sessions for all stakeholders.

8. MONITORING AND ACCOUNTABILITY

8.1 Monitoring Committee Composition of SCLSC & HCLSC as per Regulation 10 of The National Legal Services Authority (Free & Competent Legal Services) Regulations, 2010:

8.1.1 Every High Court and Supreme Court shall have a Monitoring Committee which shall consist of:

(a) One Senior Advocate of high repute, having a practice of not less than 15 years;
(b) Three Senior Advocates/ Advocates of high repute having a practice of not less than 10 years; and
(c) Member Secretary, SCLSC/HCLSC (Ex-Officio)

8.1.2 The tenure of the Members of the Monitoring Committee shall be three years, except the Member Secretary, who shall be ex officio.

8.1.3 The HCLSC/ SCLSC shall share the data regarding the marking of matters and progress of filing of matters with the Monitoring Committee on a weekly basis.

8.1.4 The Monitoring Member Committee shall meet at least on a fortnightly basis virtually or physically to review the progress of the matters and will be responsible for issuing necessary recommendations to the HCLSC/SCLSC Member Secretary to maintain the efficiency of the system.

8.2 Committee Functions:

8.2.1 Monthly reviews of progress, delays, and compliance.

8.2.2 Monitor the compliance of timelines set above.

8.2.3 Performance evaluation of lawyers, translators, and jail staff.

8.2.4 Recommend actions: Warnings, training, or removal for defaults.

8.2.5 Investigate complaints within 15 days.

8.3 Reporting:

8.3.1 Monthly reports to SCLSC/NALSA in a standardised format.

8.3.2 Annual consolidated report highlighting trends and recommendations.

9. COORDINATION WITH JAIL AUTHORITIES

9.1 VC Meetings:

9.1.1 Mandatory every 15 days involving HCLSC, DLSA, Jail Superintendent, and convict (where feasible).

9.1.2 Agenda: Case status updates, consent verification, document needs.

9.1.3 Minutes recorded and uploaded to the platform.

9.1.4 SALSA and SCLSC will coordinate virtual meeting between the SALSA lawyer handling the matter at the High Court to brief the SCLSC lawyer assigned to the case with the issues involved in the case within one week of the SCLSC lawyer being assigned to the case.

9.2 Legal Proceedings Register

9.2.1 To be maintained by the Jail Superintendent.

9.2.2 Columns: Convict ID, Case Details, Appeal Status, Communication Logs, Updates.

9.2.3 Updated weekly; shared digitally with DLSA.

9.3 Support for Convicts: Provide access to legal aid kiosks in jails for document review.

10. INTER-AGENCY COMMUNICATION

10.1 Document Sharing: All judgments, translations, and filings shared via digital platform with copies to HCLSC, SLSA, and SCLSC.

10.2 Acknowledgement Protocol: Each communication requires a digital receipt within 24 hours; escalations for non-response.

10.3 Escalation Matrix: Level 1 (DLSA), Level 2 (HCLSC), Level 3 (SCLSC) for unresolved issues.

10.4 Annual Joint Workshops: To foster collaboration and address bottlenecks.

11. QUALITY ASSURANCE

11.1 Audits: Quarterly random audits of 20% translations by independent panels.

11.2 Certification: Supervisors must certify accuracy; dual-check for Category A.

11.3 Feedback Mechanism: Post-filing reviews from lawyers on translation utility.

11.4 Continuous Improvement: Incorporate feedback into annual training.

12. AUDIT, REVIEW AND AMENDMENTS

12.1 Review of the implementation of the SOP: Annually by SCLSC and NALSA, or sooner if directed by the Supreme Court.

12.2 Consultation Process: Inputs from HCLSCs, SLSAs, jail authorities, and stakeholders via workshops.

12.3 Amendments: Approved versions disseminated digitally; training on changes mandatory.

12.4 Effective Date: This SOP is effective from .

13. DELAY EXPLANATION

This SOP ensures a robust, transparent system to uphold justice in legal aid matters. Compliance is mandatory; violations may invite accountability measures under relevant laws. A checklist in the following Format shall be incorporated by all HCSLSCs and SCLSC to be submitted in all applications filed seeking condonation of delay before the High Court/Supreme Court.

9. In view of the above SOP, it is suggested by the learned amicus curiae that directions be issued on the following terms:-

“a. The High Courts be directed to take steps to create or upgrade the cadre of Translators and Translation Supervisors, and to select a panel of translators in accordance with paragraph 6 of the SOP, within two months from the date of this Hon’ble Court’s order;

b. The NIC be directed to create a seamless, efficient, and unified digital platform to enable SCLSC, HCLSCs, and Jail Authorities to upload and exchange information within two months from the date of this Hon’ble Court’s order;

c. The SCLSC and HCLSCs be directed to constitute Monitoring Committees in terms of Clause 8 of the SOP within one month from the date of this Hon’ble Court’s order;

d. The Member Secretary, NALSA, be designated as the nodal officer to oversee the implementation and periodic review of the SOP…”

DIRECTIONS AND CONCLUSION

10. We have given careful consideration to the SOP and the proposed directions. We are of the considered view that this SOP is a result of in depth deliberations conducted by the “stakeholders” or “major players in the game”, that being the case the same deserves consideration by all the High Courts on the administrative side, so that, necessary changes to the procedure in place, can be adopted in furtherance of the aims of the SOP. As such, it is directed that a copy of this order be placed before the learned Chief Justice of the High Court, for necessary consideration and appropriate action at their end.

11. While implementation of the entire breadth of the SOP is left to the wisdom of the High Courts, we do hereby direct that the timelines mentioned under Heading 5 of the SOP shall be treated as binding. This is for the purposes of streamlining the filing of appeals in cases where the respective Legal Services Committees are required to take lead. This, it is our hope, will go a long way in addressing the structural gaps that had prompted this Court to take forward the present proceedings apart from dealing with the death reference from which they emanated.

12. Regarding the issue of translators, while we do not issue any directions, we may only observe that the poor quality of translation has engaged the attention of this Court, recently, on quite of few occasions, indicating that some sort of structural change is necessitated in this regard. The respective High Court may seriously examine and take decision on paragraph 6 of the SOP within a time bound period, i.e., not more than four weeks.

13. The aspect of monitoring and accountability as delineated in paragraph 8 of the SOP ensures that there is effective monitoring and ‘keeping tabs’ on the functioning and processes to be undertaken by the Legal Services Committees of the respective High Courts. Let the necessary constitution of the committee be carried out at the earliest. The Standing Committee/Administrative Committee, may appoint the members either by itself or after consulting the Full Court, as may be warranted. The Member Secretary of HCLSC shall be an ex-officio member. In so far as the constitution of the committee for this Court is concerned, the Member Secretary, SCLSC is directed to bring this order to the notice of the learned Executive Chairman, SCLSC and solicit orders thereon as may be deemed suitable by such authority.

14. On the aspect of coordination with jail authorities and inter-agency communication, the suggestions made in the SOP (para 9) shall be implemented forthwith as far as practicable. The last aspect delineated upon therein i.e., delay explanation (para 13-SOP), in our view, is a necessary change that will enable the tabling of the actual time taken in the process of filing the appeal. It is as such directed that the said format shall be incorporated forthwith into the necessary documentation. We hereby grant two weeks from the date of this order for it to be incorporated after which any appeal filed by HCLSC shall necessarily contain the same.

15. Suggestions ‘b’ and ‘d’ of the learned amicus curiae reproduced in paragraph 9 of this order shall be read as directions issued by this Court.

16. The Registrar (Judicial) is directed to circulate a copy of this order to the Registrars General of all the High Courts, who shall ensure a copy of the same is placed before the Learned Chief Justices and the Executive Chairpersons of the State Legal Service Committees, for necessary follow up action and requisite changes as may be required.

Let status report/compliance report be filed by all concerned institutions including the National Informatics Centre, by 30th April 2026. The matter shall come up before this Bench for further consideration on 4th May 2026.

We place on record our appreciation for all counsel who are appearing in this matter and more particularly Ms. Vibha Datta Makhija, learned senior counsel, amicus curiae.