PART E RULES REGARDING LEGAL ASSISTANCE TO PERSONS CHARGED WITH CAPITAL OFFENCES IN THE HIGH COURT.
The High Court has framed the following rules for giving legal assistance to persons charged with an offence punishable with death:-
1. (a) When an accused is to be tried by the High Court in its original criminal jurisdiction for an offence punishable with death he shall be asked by the Court whether he can afford to engage counsel for his trial. *01
(b) When an accused person has been called upon by the High Court to show cause why a lesser sentence should not be enhanced to a sentence of death, the Sessions Judge, on receipt of notice for service upon the person called upon to show cause, shall, if he is satisfied that the accused is unable, because of poverty, to engage counsel for his defence, furnish a certificate that the accused is entitled to be defended in forma pauperis.
(c) When a sentence of death is referred by a Sessions Judge to the High Court for confirmation under the provisions of section 374, Criminal Procedure Code, the Sessions Judge shall note whether the accused person was represented by counsel in his Court, and whether the accused can afford to engage counsel for his defence in the High Court.
(d) When in an appeal against acquittal in a murder case the accused is undefended, the Sessions Judge, on receipt of a notice for service, shall, if he is satisfied that the accused is unable, because of poverty, to engage a counsel for his defence in the High Court, furnish a certificate that the accused is entitled to be defended in forma pauperis.
2. If the High Court decides that the accused is unable on account of poverty to engage counsel for his defence, the High Court shall make arrangements to employ counsel at Government expense.
The High Court may also employ counsel, if it thinks fit, in every case when the accused is unrepresented, irrespective of considerations relative to the means of the accused to engage counsel.
3. The High Court shall, for the above purpose, maintain a list of legal practitioners whom the Chief Justice may select from time to time as fit to be employed in such cases.
4. When a counsel is required, the Court shall select from this list a legal practitioner to defend the accused. Counsel appointed in such cases should be given sufficient time to enable him to study the necessary documents, which will be the printed record of the case as prepared in the High Court. This will be supplied free of cost.
5. The legal practitioner so employed shall receive a fee of not less than Rs.2000/- or if the hearing lasts more than a day, a fee not exceeding Rs.200/- per day. This payment shall be made through the Provincial Law Secretary on the production of a certificate signed by the Deputy Registrar (Judicial), in which the total amount of fees allowed to the legal practitioner by the Judges hearing the case shall be stated.****01
 LHC - Shahrah-e-Quaid-e-Azam
- Lahore - PakistanComputer Cell, Lahore High Court. Comments Or Suggestions to webmaster@lhc.gov.pk For Further Information: info@lhc.gov.pk |
|
