Mandi/Shimla: In a rare instance highlighting the role of legal aid in ensuring access to justice for marginalized citizens, a low-income, ailing woman from Himachal Pradesh, convicted by three courts in a cheque bounce case, has finally received free legal assistance from the Supreme Court to file a special leave petition (SLP) challenging her convictions. The woman, Kusum Sharma, a single mother and divorcee from Sunder Nagar in Mandi district, has spent several years navigating a complex legal process while facing health challenges and financial hardship.

The saga of Sharma’s case dates back to December 31, 2021, when the Additional Chief Judicial Magistrate (ACJM) of Sundernagar convicted her under Section 138 of the Negotiable Instruments Act. She was sentenced to nine months’ imprisonment and fined ₹2,25,000 in connection with a cheque bounce case filed by one Kamla Devi. The charges, according to Sharma, were entirely false, as she alleged that Devi had obtained a blank cheque from her household, misused it, and filed a fabricated case against her.

Despite responding to the notice, contesting the allegations, and even conducting forensic examination of the handwriting on the cheque, Sharma’s plea was not successful in the ACJM court. The decision went against her, and she was convicted. Sharma subsequently filed an appeal before the Additional Sessions Judge (ASJ) in Sundernagar, hoping that the higher court would overturn the lower court’s ruling. However, the appeal was dismissed on July 28, 2022, and her sentence and fine were upheld.

Undeterred, Sharma challenged the ASJ’s order in the Himachal Pradesh High Court, but the high court also confirmed the conviction on August 7, 2022. With the judiciary at multiple levels ruling against her, Sharma found herself in a dire situation, both legally and financially. As a single, divorced woman with no source of income, she could not afford private legal representation and faced the risk of having to serve her sentence without any recourse.

Recognizing the impossibility of contesting her case alone before the Supreme Court, Sharma reached out to the Legal Services Committee of the Supreme Court of India, seeking free legal aid under the Legal Services Authority Act. The aim was to file an SLP challenging the High Court’s verdict and ensure that her grievances were heard at the highest judicial forum in the country.

Advocate Mahesh Sharma, who agreed to take up the case pro bono, explained the challenges Sharma faced in accessing legal aid. He noted that despite repeated applications, including submission to the District Legal Aid Committee in Mandi, no assistance was initially provided. “The applicant was not in a position to contest the case before the Supreme Court and was ready to surrender,” said Advocate Sharma. “I advised her to pursue legal aid through the Supreme Court’s committee, but even after sending applications twice, nothing was entertained.”

Eventually, intervention by Justice Surya Kant, then chairman of the National Legal Service Committee, led to progress in the case. Following the communication, the Secretary of Justice contacted Sharma, requested scanned copies of all relevant documents, and appointed an advocate to represent her case before the Supreme Court. This marked a significant turning point in Sharma’s legal journey, as she was now able to file the SLP without having to surrender, a procedure typically mandated for convicted individuals under Indian law.

The Supreme Court’s acceptance of Sharma’s petition is a significant acknowledgment of the role of legal aid in ensuring that vulnerable citizens can access justice. Advocates note that the exemption from surrender before filing an SLP is particularly important in cases where the petitioner is physically ailing or financially constrained, allowing the individual to pursue legal remedies without being forced into incarceration at the outset.

The Human Dimension

Kusum Sharma’s case reflects broader challenges faced by single women and economically disadvantaged individualsin navigating India’s complex legal system. Being convicted by three different courts can be overwhelming for anyone, let alone a single mother with no income and existing health concerns. Sharma’s perseverance underscores the importance of state-supported legal mechanisms, such as the Legal Services Authority Act, which ensures that access to justice is not limited by financial capability.

Legal experts point out that Section 138 of the Negotiable Instruments Act, which deals with dishonor of cheques, often involves civil and criminal liability intertwined with complex procedural requirements. Many litigants, particularly those who are financially vulnerable, face difficulties obtaining representation, understanding procedural nuances, and gathering evidence. Sharma’s case highlights how free legal aid can bridge these gaps and prevent disproportionate hardships on economically weak citizens.

Timeline of Legal Proceedings

• December 31, 2021: Kusum Sharma convicted by ACJM Sundernagar, sentenced to 9 months’ imprisonment and fined ₹2,25,000.
• July 28, 2022: Appeal dismissed by Additional Sessions Judge, Sundernagar. Conviction and sentence upheld.
• August 7, 2022: Himachal Pradesh High Court confirms the sentence, leaving Sharma with limited legal options.
• 2023–2025: Sharma repeatedly seeks legal aid to file an SLP before the Supreme Court, facing delays and administrative hurdles.
• 2025: Intervention by Justice Surya Kant and appointment of a Supreme Court advocate enables Sharma to file her SLP without surrendering, granting her the opportunity to challenge the High Court’s decision.

Broader Significance

Sharma’s case underscores several critical points about India’s legal system:

1. Accessibility of Justice: Even with multiple layers of courts, economically disadvantaged individuals face hurdles in accessing higher judicial forums. Legal aid mechanisms are crucial in ensuring that justice is not restricted to those who can afford representation.
2. Procedural Flexibility: The Supreme Court’s decision to entertain Sharma’s SLP without prior surrender reflects judicial recognition of the petitioner’s health and financial limitations, setting an important precedent for similar cases.
3. Protection of Vulnerable Citizens: Cases like Sharma’s demonstrate the system’s capacity to provide recourse for those wrongfully convicted or caught in complex civil-criminal intersections, such as cheque bounce disputes.
4. Role of Legal Aid Authorities: The active involvement of the National Legal Service Committee and the Supreme Court advocate system highlights the significance of institutional support in bridging the gap between marginalized citizens and justice.

Looking Ahead

With the SLP now pending before the Supreme Court, Kusum Sharma finally has an opportunity to seek redress at the highest level. Advocates stress that the legal aid provision not only facilitates the filing of petitions but also ensures that individuals who might otherwise have been forced into surrender and imprisonment can pursue justice in a safe and equitable manner.

For Sharma, the case represents not just a legal challenge but a struggle for dignity, financial security, and protection of rights. The court’s decision to grant legal aid and allow her to file the SLP without surrender underscores the judiciary’s sensitivity to the circumstances of vulnerable litigants, ensuring that justice is not only done but also accessible.

Conclusion

Kusum Sharma’s journey, from conviction by three separate courts to obtaining legal aid for filing a Supreme Court petition, is a powerful example of how the legal aid framework can serve marginalized citizens in India. It also serves as a reminder of the importance of procedural flexibility and judicial empathy, particularly for those facing health challenges and financial hardship.

As her SLP proceeds, Sharma’s case could set a precedent for other vulnerable individuals seeking relief in similar circumstances, reaffirming the Supreme Court’s role as a guardian of justice and equitable legal access in India.