ONGOING CASES

Radhey Krishna Legal Aid Foundation (RKLAF) has been providing the free legal aid to the needy, poor, disabled and deserving persons through a penal of competent lawyers and headed by our Chief Trustee Mr. Ajay Garg, Advocate.   We have been not only giving the legal services in the sense of giving legal consultation and creating legal awareness but also conducting their cases in different cases from the Hon’ble Supreme Court of India to District Courts at Delhi.  There are numerous cases which have been successfully conducted by us whereby we had been successful in getting the justice delivered to the applicants on pro bono basis purely on humanitarian and compassionate ground, who applied for legal aid from us. Similarly, we have also been doing variety of cases of different nature and related to different laws and pending in different courts wherein we are fighting/contesting for the legal rights and causes of the poor, disabled, senior citizens and down trodden.

Here, we are giving some of the examples of the pending cases.  We cannot disclose the exact details and facts of the case in order to keep the confidentiality of the case but we are giving the broad idea of the type of case being done by us.

  1. One person “X” was coming back to his home after completing his duties in a Govt. office and while returning back he took shelter under a DTC Bus Stop/Shed due to the heavy rains and the said bus stop fell down over X and other persons which cause fatal injuries to “X” and other persons and which ultimately led to his death. “X” was survived by his wife and three minor daughters.  The accident of the “X” which resulted his death took place due to the gross negligence of the DTC since they had measurable failed to properly maintain the said bus stop/shed.  Since was the only earning member of the family and his family had no funds to claim the compensation in the court.  Therefore, we took up their cause and filed the Writ Petition before the Hon’ble High Court of Delhi for seeking compensation for the death of “X” and the said case is pending before the court and is at the final stage. We are hopeful to get good compensation to the Victim’s family.
  2. A person by the name of “A” was working a private company and his duty pertained to collecting the cheques for the repayments of the car loan instalments and also picking a the vehicle for default of payments. One day, when “A” was on the field to pick up a vehicle/collect a cheque he was found lying unconscious on road by his colleague and he was admitted to hospital where he ultimately died.   Despite the case being in the knowledge of the police, and the wife and son the deceased raised suspicion of the death of “A” and no reason was forthcoming for his death but still the concerned police failed to register the case and investigate the cause of the death of “A” and to rule out any fall play.  Family members of “A” in view of the apathy of the police, approached us and we immediately gave representation to the concerned police station and senior police officials for investigation into the cause death of “A” and when the police failed to take any action we filed a criminal case before the concerned Metropolitan Magistrate seeking directions for investigation by the police and the case is pending.
  3. Salim (name changed), is a civil services aspirant. He applied for civil services examinations 2019 in EWS category. He successfully passed his Civil Service Prelims examinations and as per the instructions, he submitted his EWS certificate issued by his State Government. Thereafter, he gave his Civil Services Mains examinations. He received a Show Cause Notice from UPSC stating that EWS certificate submitted by him was not in prescribed format and his candidature was canceled. Salim again applied for EWS certificate and this time he received the certificate in different form, which he submitted with UPSC and requested to review their decision of cancelation of his candidature. The UPSC refused to restore his candidature.  Salim hailed from a small village at Karnataka and belonged to a poor family and had no legal assistance to challenge the decision of UPSC. He came to know of our NGO through surfing on internet and he contacted us and sought free legal aid from our organization. Our NGO decided to help Salim and take up his case on pro bono basis. Our NGO challenged the wrongful cancelation of candidature of Salim before Central Administrative Tribunal (CAT), but CAT refused to give any relief to Salim. Therefore, our NGO challenged the decision of CAT before the Hon’ble Delhi High Court by filing LPA and the court was pleased to issue notice to UPSC on the LPA of Salim and similarly, some other candidates having similar matter also filed their matters in the High Court and all these matters are fixed for final hearing  before the Hon’ble Court.
  4. Sarasvati (name changed), is a disabled woman working as a special educator in a private school for children of special needs at Delhi. The school was not following the labour and other employee beneficial laws. It was not giving the salaries as per the pay scale of the similar employees in the government schools and was not maintaining the service records properly. She was also not given the benefit of 6thand 7th pay commission recommendation. The employees of the school were exploited and their rights were denied. So much so that one day Sarasvati was dismissed from her service without any notice or enquiry.  Sarasvati being handicapped and belonging to a lower middle-class family had no legal assistance to have legal recourse against the school. She received some help from her some social activist and filed complaints to Delhi commission for women and Disability commissioner against the illegal actions of the school but they failed to take any action against the school and substantial time of Sarasvati was wasted.  She came to know of our NGO through internet and she contacted us and sought free legal aid from our organization. Our NGO decided to help Sarasvati on humanitarian grounds and take up her cases on pro bono basis.  Our NGO filed a Writ petition before the Hon’ble Delhi High Court on behalf of Sarasvati against the school and the Government of Delhi seeking directions to the school to pay her the salaries as per the pay scale of similarly situated employee in government schools along with the benefits of 6th and 7th pay commissions. Further, directions were also sought to the Government of Delhi for taking appropriate action against the school and the management for violating the labour laws. The High Court issued notice on the Writ petition of Sarasvati and the proceedings are pending. Further, our NGO also challenged the wrongful dismissal of Sarasvati from her service by filing Appeal against the said illegal action of the school before the Delhi School Tribunal and the proceedings are pending over there.
  5. In the case of State Vs. Rajender (name changed) & Ors. an FIR was lodged in 2013, U/s 302 (Murder)/34 IPC, P.S. Mundka, Delhi wherein the allegation was that the accused Rajender alongwith his companions committed murder of one Sahil (name changed). Accused Rajender was arrested on 02.11.2013 and since then he was languishing in jail facing his trial before the Sessions Court, Tis Hazari Court, Delhi.  Since the other co-accused were absconding therefore, the Trial Court commenced the trial against accused Rajender who hailed from Bihar and was doing small job at Delhi.  While his trial was at the stage of conclusion as the entire prosecution evidence was completed, at that time in 2018, his co-accused was arrested and the trial against Co-accused commenced while the further proceedings in the trial of accused Rajender was kept in abeyance since the trial of the co-accused had started.  The accused Rajender was totally helpless and in a precarious condition as he had already suffered six years of imprisonment and there was no possibility of him getting the bail or the conclusion of trial since the other co-accused was caught later on and the proceeding against them was to take long time to conclude. Accused Rajender came in contact with our NGO through our jail visiting volunteer advocate and sought our help.  We immediately started working on his case on pro bono basis purely on humanitarian and compassionate ground and filed the applications for separation of his trial from the other co-accused and early conclusion of his trial since it was pending for last more than six years.  On the merits of the arguments of our Chief Trustee Mr. Ajay Garg, Advocate, the application for separation of trial was allowed by the Ld. Trial Court vide order dated 22.12.2018 and the trial of accused Rajender was separated from the other co-accused. Simultaneously we also filed bail application for accused Rajender which was based on different grounds like lack of incriminating evidence against accused Rajender; his long length of incarceration, his poverty and the condition of his dependents etc.  The said bail application was argued by us and the Ld. Trial Court vide order dated 12.12.2019 was pleased to grant the bail to the accused Rajender.  After the grant of bail, our NGO completed other formalities of furnishing the sureties and got him released from the jail and helped him in re-uniting with his family after about six years of judicial custody. His trial is at final stage and fixed for final arguments.
  6. In the case of State Vs. Sunil (name changed) an FIR was lodged in 2016, U/s 302 IPC (Murder), P.S. Chhawla, Delhi wherein the allegation was that the accused Sunil killed his own brother by hitting his head with steal pipe since, he was found having illicit relations with his wife. According to accused Sunil, the police falsely implicated him in order to urgently crack the case of murder of his real brother and police created false story that the deceased was caught with the wife of the accused in his room on the faithful morning of 14.11.2006. The police after investigation filed chargesheet and a charge was framed by the Ld. Trial Court under Section 302 IPC against the accused Sunil. During prosecution evidence the relatives of accused Sunil turned hostile. The accused Sunil filed bail application through his private counsel for grant of bail before the Ld. Trial Court at Dwarka Courts and the said application was dismissed. The accused Sunil is a poor person and was working as a labour before he was involved in this case.  He sought the help of our NGO for taking of his bail proceeding before Hon’ble Delhi High Court.  Accordingly, we filed the bail application on pro bono basis purely on humanitarian and compassionate ground on behalf of accused Sunil before Hon’ble Delhi High Court which was registered as Bail Application No.2352/2019 and the bail application was argued by our Chief Trustee Mr. Ajay Garg, Advocate and in view of the merits of the case and submissions, the Hon’ble High Court was pleased to grant bail to the accused Sunil vide order dated 21.11.2019.  Thereafter, we completed other formalities before the Ld. Trial Court and got him released from the Central Prison, Delhi on bail and helped him in re-uniting with his family. His trial is still pending which is conducted by his private counsel but supervised by us.
  7. In this case, a Nepali National Bahadur (name changed) was implicated in an offence under Section 302/396/34 IPC (Murder and dacoity) in an FIR registered in 2013 in P.S. Lajpat Nagar, Delhi and since then he was in judicial custody. It was the case of accused Bahadur that he was falsely implicated by the police and he was wrongly picked up from his residence at Delhi and illegally arrested on 24.02.2013 alongwith five other accused persons.  The Ld. Trial Court framed charges against all the five accused persons for committing dacoity and murder.  The case of accused Bahadur was that he was wrongly roped in on the basis of the false statement of the main accused.  Accused Bahadur was languishing in jail for last seven years.  In view of the poor condition of accused Bahadur he was represented by legal aid counsel before the Ld. Trial Court. His bail application was rejected by the Ld. Trial Court and even after languishing for seven years his trial was not getting concluded.Accused Bahadur came in touch with jail visiting advocate of our NGO and sought a Free Legal Aid for conducting bail proceedings before the Hon’ble Delhi High Court.  In view of the poor condition of accused Bahadur and overall facts and circumstances of the case, we accepted his brief and granted him free legal aid.  We filed the bail application on his behalf before the Hon’ble Delhi High Court on pro bono basis purely on humanitarian and compassionate ground. The said bail application was registered as Bail Application No.461/2020 and our Chief Trustee Sh. Ajay Garg, Advocate argued the bail application on behalf of accused Bahadur and the Hon’ble High Court of Delhi was pleased to grant bail to accused Bahadur vide order dated 17.02.2020 and that is how he came out of jail after 7 years and we helped him in re-uniting with his family. His trial is still pending and we are giving our consultations regarding conduct of his trial.
  8. In the case of accused Sudhar Chand (name changed), he was tried in the court of Sessions on the basis of chargesheet submitted pursuant to investigation into FIR registered in 2011 by police of P.S. Khayala, Delhi on the charge of offence under Section 302/34 IPC (Murder). He was arrested on 29.09.2011 and remain in custody throughout the trial which concluded with judgment dated 22.12.2017 and he was held guilty and convicted for offence under Section 304 Part-II IPC for the stabbing one person to death.  By order dated 23.12.2017, the Ld. Trial Court awarded the rigorous imprisonment for 10 years with fine of Rs.50,000/- as punishment. Accused Sudhar Chand belong to poor strata of society being a labour before he was involved in the present case.  As per accused Sudhar Chand he was totally innocent and was falsely implicated.  During the trial, he was represented by a legal aid counsel.After his conviction, he sought Free Legal Aid from our NGO for filing his appeal and application for suspension of sentence before the Hon’ble High Court of Delhi.  In view of the poor condition of accused Sudhar Chand and overall facts and circumstances of the case, we accepted his brief.  We filed the Crl. Appeal No.221/2018 and also the application for suspension of sentence on his behalf before the Hon’ble Delhi High Court on pro bono basis purely on humanitarian and compassionate ground. The said application for suspension of sentence was registered as Crl. M. (Bail) 313/2018 and our Chief Trustee Sh. Ajay Garg, Advocate argued the appeal and the application for the suspension of sentence on behalf of accused Sudhar Chand and the Hon’ble High Court of Delhi was pleased to admit the said Criminal Appeal vide order dated 27.11.2018 and allowed the application for suspension of sentence and bail was granted to the accused Sudhar Chand by the Hon’ble High Court of Delhi. Our NGO also completed other legal formalities like furnishing of bail bond etc. and got the accused released on bail during the pendency of his criminal appeal. His criminal appeal is still pending for disposal.
  9. Rafiq (name changed) was convicted for the offences punishable under Sections 302/34 (Murder) read with 392/397/34 IPC for committing murder of one Ali (name changed). The Hon’ble High Court of Delhi was pleased to maintain the conviction of the accused Rafiq and upheld the judgment of the Ld. Trial Court. Rafiq had very poor background and when he met our jail visiting advocate, he had already suffered about nine year of custody in jail.  He was not supported by his family and he had no financial means to engage a lawyer for filing his Special Leave Petition before the Hon’ble Supreme Court and therefore, a delay of more than four years had occurred in filing the Special Leave Petition. He sought Free Legal Aid from our NGO for filing his Special Leave Petition before the Hon’ble Supreme Court of India.  In view of the poor condition of accused Rafiq and overall facts and circumstances of the case, we accepted his brief.  We filed the Special Leave Petition (Crl.) Diary No.35554/2018 alongwith an application for condonation of delay and bail on his behalf before the Hon’ble Supreme Court on pro bono basis purely on humanitarian and compassionate ground. The said Special Leave Petition was argued our Chief Trustee Sh. Ajay Garg, Advocate and vide order dated 08.04.2019, the Hon’ble Supreme Court of India was pleased to condone the long delay and grant Leave in the said SLP and the said SLP was converted to Criminal Appeal No.635/2019.  The Criminal Appeal is pending as of now and will be heard soon.
  10. Irshad (name changed) was convicted for the offences punishable under Sections 376 (Rape). The Trial Court was pleased to convict him for the offences charged. Irshad had very poor background and when he met our jail visiting advocate, he had already suffered about 4 years of custody in jail.  He was not supported by his family and he had no financial means to engage a lawyer for filing his Special Leave Petition before the Hon’ble Supreme Court and therefore, a delay of more than four years had occurred in filing the Special Leave Petition. He sought Free Legal Aid from our NGO for filing his Criminal Appeal before Delhi High Court.  In view of the poor condition of accused Irshad and overall facts and circumstances of the case, we accepted his brief.  We filed the Criminal Appeal alongwith an application for condonation of delay and bail on his behalf before the Hon’ble Delhi High Court on pro bono basis purely on humanitarian and compassionate ground. The said Criminal Appeal was argued our Chief Trustee Sh. Ajay Garg, Advocate and the said appeal was admitted by the Hon’ble Court.  The Criminal Appeal is pending as of now and will be heard soon.

Our NGO are giving countless advises, opinions and consultations to different applicants on varied topics and laws.

Many more such examples and instances will be updated shortly…….