The Punjab and Haryana High Court's Registrar General has issued a set of recommendations aimed at ensuring better transparency and effective enforcement of the Legal Aid Defense Counsel System, directing that these be circulated among Judicial Officers and Secretaries of the District Legal Services Authorities across Punjab, Haryana and Chandigarh.

National Legal Services Authority (NALSA) had introduced the LADC scheme, which envisages an institutional mechanism for providing legal representation to persons entitled to legal aid. The scheme did not sink well several bar associations in Punjab, which contend that it adversely affects opportunities available to practising advocates under the earlier panel counsel system.

The High Court, with the approval of the Acting Chief Justice, has now issued following recommendations:

The Secretary of the District Legal Services Authority has been asked to prepare a jail visit roster for Legal Aid Defense Counsel, with Judicial Officers ordinarily expected to refrain from accompanying such counsel during jail visits.

The circular also states that assignment of Legal Aid Defense Counsel to represent accused persons must be done exclusively by the Secretary, District Legal Services Authority, and that no such counsel shall be permitted to directly obtain a power of attorney from inmates.

On the issue of counsel's absence, the guidelines direct that where a Presiding Officer believes non-appearance of defence counsel to be willful or mischievous, the Court must first pass an order recording such absence and take steps to communicate it to the accused or his advocate, rather than immediately appointing Legal Aid Defense Counsel. Only if the accused or his lawyer continues to be absent on the next date may the matter be referred to the Secretary, District Legal Services Authority for appointment of Legal Aid Defense Counsel.

The circular further calls for a uniform and consistent approach by courts while directing release of an accused on bail bonds, surety bonds, or personal bonds, so as to ensure parity.

With respect to remand proceedings, the guidelines direct that when an accused is produced before an Ilaqa Magistrate, the Court must first ascertain whether the accused is represented by counsel. If represented, the Court is to await the appearance of that counsel. Where the accused has no counsel, Legal Aid Defense Counsel assistance is to be provided, though no power of attorney is to be filed at that stage. Should the accused subsequently wish to continue with Legal Aid Defense Counsel, such assignment must be routed only through the Secretary, District Legal Services Authority.

The Secretaries have also been directed to satisfy themselves regarding the eligibility of applicants seeking Legal Aid Defense Counsel, in accordance with Section 12 of the Legal Services Authorities Act, 1987, and other applicable guidelines.

Additionally, Legal Aid Defense Counsel have been instructed to strictly adhere to professional ethics and the terms of their engagement, and refrain from soliciting work for themselves or for other practicing members of their family or chamber.

The District & Sessions Judges have been requested to circulate the letter among all Judicial Officers and the Secretary, District Legal Services Authority, within their respective districts.

Click here to read circular