Legal Aid Counsel
(1.) The scheme provides for effective and meaningful legal assistance to the Under Trial Prisoners (UTPs), who feel handicapped in their defence on account of lack of resource or other disabilities and can’t engage a counsel to defend them. The scheme lays emphasis for legal aid to the persons in custody at the following 3(three) stages
a) when in custody during investigation of the case (s) and need legal assistance for getting bail and also for opposing application for remand.
b) Legal assistance during trial for defence.
c) Legal assistance for preferring Appeals or Revisions in cases of adverse order.
For conducting cases in the Court of Sessions and in the Court of Magistrates, Panels of Legal Aid Counsel, from amongst the interested practicing lawyers having 10 years of practice for conducting Sessions cases and 5 years of practice for conducting cases in the Courts of Judicial Magistrates, are being prepared afresh through a process of interview. The names, addresses and telephone numbers of the empanelled Legal Aid Counsel will be displayed outside the Courts to which he/she is attached with indication that no payment is required to be made by the eligible persons to the Legal Aid Counsel. The Legal Aid Counsel is under obligation to remain present in the Court assigned to him/her during the hours of remand and such other hours as may be directed by the Court.
Supreme Court Middle Income Group Scheme
The scheme has been formulated to provide legal services to the middle income class citizens i.e. citizens whose annual income does not exceed Rs.2,00,000. The intending justice-seekers can avail of the scheme to file or defend a case in the Supreme Court which includes
*Appeal / SLP, Civil or Criminal against an order of the High Court.
* Writ petition.
* Petition for transfer of a case from one State to another State.
Any intending justice-seekers desirous of availing the benefit of the scheme shall have to apply in prescribed form available with the Authority / Committee. The fee-structure for the Senior Advocates shall be as under
a) Fee for settlement of SLP/Writ Petition/Counter
Affidavit/Statement of Objection, etc…...................................................Rs.1000/
b) Fee for appearing in admission stage/after
notice per appearance………………………………..………………...Rs.1650/
(subject to maximum of Rs.3300/-)
c) Fee for appearance at final disposal/appeal
stage per appearance……………………………….....…….....……....Rs.2500/
(subject to maximum of Rs.5000/
(2.)Who is Entitled to Free Legal Services:-
The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
(h) In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.