CHAPTER VIII

JAIL PETITIONS

(i) How to file: If a person is in jail and is not represented by an Advocateon- Record, he can submit his petition, along with the certified copy of the impugned judgment, and written arguments which he desires to advance in support of his petition, to the Officer-in-charge of the jail where he is lodged. The Officer-in-charge of the jail forwards the petition to this Court. Copy of the Trial Court Judgment, and in case the petition has been filed after expiry of the prescribed period of limitation, an application for condonation of delay, is required to be filed with the petition. The date on which the petition is presented before the Jail Superintendent and is attested by him, is taken as the date of the filing of the petition. The petition must contain a statement that no similar petition has been filed earlier.

(ii) Processing: On receipt of the petition, it is examined and if it is found that certified copy of the impugned judgment or application for condonation of delay, where ever necessary, or affidavit regarding nonfiling of similar petition in the past has not been filed, a letter is sent to the petitioner through Officer-in-charge of the jail, requiring him to send the documents. The concerned High Court is also requested to send a certified copy of the impugned judgment along with the judgment of the trial Court in English, alongwith four extra copies. A letter is also sent to Supreme Court Legal Services Committee to confirm whether Petitioner/accused has approached them for providing legal aid in the matter. If the response is negative, an amicus curiae is then appointed for the petitioner. If the petition is hand-written, copies are typed out in the Registry and in case it has been written in a language other than English, it is got translated in English. On receipt of necessary documents, paper books are prepared and an Amicus Curiae is appointed from the panel maintained for this purpose.