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Supreme Court Legal Aid Committee, New Delhi
*Its Aims, Activities & Achievements
by Justice Ranganath Misra
Cite as : (1995) 5 SCC (Jour) 1
Being the capital of India, a number of poor persons used to approach the Hon'ble Supreme Court for aid to sort out their cases, file cases on their behalf, get justice to them for which they could not afford anything and since some of the letters addressed to the Hon'ble Judges of the Supreme Court were treated as writ petitions and action taken thereon, and the Press gave wide publicity to a number of such cases with the result that more and more letters started pouring in. Due to this a Free Legal Aid (Supreme Court) Society was formed in the year 1978 under the Chairmanship of the then Hon'ble Judge of the Supreme Court of India, Hon'ble Mr Justice D.A. Desai and the then Hon'ble Judge, Hon'ble Mr Justice V.R. Krishna lyer took great initiative in this Scheme. This Scheme was started in 1979 under the Secretaryship of Mr Vimal Dave, Advocate with very skeleton staff. The said society was converted into Supreme Court Legal Aid Committee in November 1981. This Legal Aid Committee was formed with the Government of India, Ministry of Law, Justice and Company Affairs, Resolution No. F.6(34)/81-I.C., dated 9-7-1981 under Article 39-A of the Constitution of India. The financial grant which was small enough at the commencement went up with the passage of time from year to year in view of the quantum of work, the staff, the office set up etc. etc.
The Legal Aid Committee has gained high clientage during the past number of years. People from all walks of life and from all the States come in person, write from their residence and from jail, where the persons are lodged. After screening of their cases and keeping the yardstick of Legal Aid norms in view, they are given four forms - (1) SCLAC Form 4, which is an application for legal aid, (2) SCLAC Form 6, which is an affidavit for legal aid form, (3) SCLAC Form 32, which is an affidavit of facts, and (4) SCLAC Form 3, which is the vakalatnama. On receipt of those forms from the applicant complete in all respect, his case is sent for screening/opinion to one of the advocates who is on the Panel of Legal Aid Committee to see if the case is a fit one for being filed in the Supreme Court. In case it is found not to be fit for filing, the original papers are returned back to the applicant concerned. In case the case is found to be deserving on merits, it is taken up for processing and filing before the Court after preparing the requisite number of copies, through the Advocate-on-Record on the Panel of the Committee. In case the case is considered to be strong enough and deserving the consideration by a senior advocate, a senior advocate from out of the Panel is allotted to go into the matter. Any petition to be filed in this Court depends on merits, nature and question of law involved or Fundamental Rights infringed, etc. Cases of civil/criminal nature and under various laws are filed on behalf of the litigants.
Eligibility for Legal Aid
This Committee provides Free Legal Aid to such applicants who are citizens of India and whose total income from all sources does not exceed Rs 12,000 per annum.
Procedure for getting Legal Aid
The procedure for getting Legal Aid is very simple. As soon as any party contacts for Legal Aid, after going through the papers brought by him/her in person, or sent by post, if it is considered to be a fit case for filing in the Supreme Court, the litigant is given the four forms mentioned earlier. These applications/forms are available in the office of the Committee only and are issued under the directions of Member Secretary, Member Treasurer, Consultant-cum-Executive Lawyer and Legal Aid Counsel.
Mode of providing Legal Aid
(a) Through representation by a lawyer in legal proceedings in civil, criminal, transfer petition and writ petition etc. to be filed in this Court only.
(b) Preparation of requisite paper-books of the case for the Court.
(c) By payment of counsel fee and any other charges payable in connection with any legal proceeding. The Committee is exempted from payment of court fee, process fee. A copy of the order of the Hon'ble Supreme Court is supplied to the litigant free of cost.
Cases of substantial importance filed by the SCLAC
The cases filed by the Committee are of varying nature some of which involve substantial question of law. A list of cases filed by the Committee, which are called landmark cases is enclosed herewith (Annexure C).
PARTIAL LEGAL AID SCHEME
(Known as Middle Income Group Legal Aid Scheme)
This Scheme is intended for the benefit of Middle Income Group litigants who cannot afford to engage a leading lawyer on their terms. They shall however pay for legal services at reasonable rates under this MIG Scheme.
The benefit under this Scheme is available to those persons whose income is between Rs 12,000 and Rs 1,20,000 per annum, or to all employees of the Central Government, State Government, local authorities or of the public sector undertakings.
The rates fixed for counsel fee at various stages, printing charges, court fees are given in the annexure (Annexure AI).
The Features of the Middle Income Group Scheme are as under :
It has been found that a large section of the population which falls within the above income group is unable to meet the spiralling cost of litigation. The Scheme provides for payment of a maximum of Rs 3300 as fees to the Advocate-on-Record up to the admission stage inclusive of all adjournments and a further sum of Rs 3300 towards the final hearing of the appeal. Therefore, the maximum fees an Advocate-on-Record can charge from a client till his case is completely disposed of in the Supreme Court is Rs 6600. Similarly, the maximum fees which the senior advocate can charge inclusive of conferences and settlement of papers up to the stage of admission is Rs 4300 and a further sum of Rs 5000 as fees for final hearing. Thus, the senior advocate is available at the maximum fees of Rs 9300 up to the final disposal of the case.
The Most Salient Features of the Scheme
(A) No separate fees is chargeable by the advocates for adjournments.
(B) The court fees is charged as per Supreme Court Rules and cyclostyling charges are based on actual number of pages at the prescribed rates mentioned in the schedule.
Other Attractive Features of the Scheme
The attractive features of the Scheme are that the rates of fee payable to an Advocate-on-Record or to a senior advocate (if engaged at the request of the litigant) will be such as indicated in the schedule appended to this Scheme or as applicable from time to time.
There will be a panel of advocates including Advocates-on-Record and senior advocates under the Scheme. While drawing up the Panel care has been taken to include one advocate, but not exceeding two, knowing regional language in the territory of India in which work is conducted in the courts below.
The Panel advocates have given an undertaking in writing that they will abide by the terms and conditions of the Scheme upon assignment of a case to them under the Scheme.
Every person who desires to avail of the services of an advocate empanelled under the Scheme will have to approach the Secretary of the Scheme by filing an application in the prescribed form annexed hereto along with the relevant documents.
Any person who desires to avail of the services of any lawyer empanelled under this Scheme will approach the Committee and indicate his/her preference of a lawyer out of the Panel maintained by the said Committee.
A party availing of the benefit of this Scheme will be required to deposit initially a sum of Rs 350 as service charges of the Legal Aid Committee for operating the Scheme. In case the advocate opines the case to be fit for filing, the litigant shall pay the fee for the advocate and cyclostyling charges as estimated by the Consultant-cum-Executive Lawyer.
The amount of the fee in question would be paid by the applicant to the Member Secretary concerned for deposit in the bank. Thereafter, the amount shall be paid to the lawyer concerned upon the receipt of an intimation in writing to the effect that he/she has filed the case in the Court concerned.
If the advocate is of the opinion that the case is not fit for filing in the Supreme Court the initial deposit of Rs 350 will be refunded back to the litigant after deducting a sum of Rs 100 as service charges.
SUPREME COURT MIDDLE INCOME GROUP SCHEME
Middle Income Group Legal Aid Committee
109, Lawyers' Chamber, Post Office Wing,
Supreme Court Compound, New Delhi-110001.
(Phone-388313)
1. This Scheme is intended to provide legal services to the middle income citizen i.e. citizen whose gross maximum income per month does not exceed Rs 10,000 and the annual income does not exceed Rs 1,20,000.
DEFINITION
The Scheme is known as "SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SCHEME". The Scheme is a self-supporting scheme and the initial capital of the Scheme shall be contributed by the first Executive Committee.
SCHEDULE
The schedule of fee and expenses as appended to the Scheme shall be in force and is liable to be amended by the Committee from time to time.
The Office-Bearers of the Scheme.- The Members of the Executive Committee of the Supreme Court Legal Aid Committee shall be ex-officio members of the Scheme. The Secretary and the Treasurer for the Scheme shall be nominated by the Executive Committee of the Supreme Court Legal Aid Committee. The Executive Committee shall have the power to coopt/appoint other members on the Committee or staff to carry out the aims and objectives of the Scheme.
The office-bearers of the Scheme shall meet at least once in two months or earlier if so deemed expedient and necessary.
2. The Scheme will be applicable for cases intended to be filed in the Supreme Court.
3. The Scheme will not be applicable to cases mentioned below, falling under the jurisdiction of the Supreme Court.
(a) Reference under Section 130-A of the Customs Act, 1962.
(b) Reference under Section 35-H of the Central Excises and Salt Act, 1944.
(c) Reference under Section 82-C of the Gold Control Act, 1968.
(d) Reference under Section 7(2) of the MRTP Act, 1969.
(e) Reference under Section 25-J of the Income Tax Act, 1961.
(f) Reference under Article 317( 1) of the Constitution.
(g) Election under Part III of the President and Vice-President Act, 1952.
(h) Election of Members of Parliament and Members of State Legislature under the Election Law.
(i) Appeal under Section 55 of the MRTP Act, 1969.
(J) Appeal under clause (b) of Section 130-E of the Customs Act, 1962.
(k) Appeal under Section 35-L of the Central Excises and Salt Act, 1944.
(l) Review matters.
4. The rates of fee payable to an advocate or to a senior advocate (if engaged at the request of the litigant) will be such as indicated in the Schedule appended to this Scheme as applicable from time to time.
5. There will be a panel of advocates including Advocates-on-Record under the Scheme. While drawing up the Panel care be taken to include one advocate, but not exceeding two, knowing regional language in the territory of India in which the work is conducted in the court below.
The Panel advocates shall give an undertaking in writing that they will abide by the terms and conditions of the Scheme upon assignment of a case under the Scheme.
6. Every person who desires to avail of the services of an advocate empanelled under the Scheme will have to approach the Secretary of the Scheme by filling an application in the prescribed form annexed hereto along with the relevant documents.
7. It would be open to the Advocate-on-Record who is assigned the papers, upon the request made by an applicant under the Scheme, to opine, as soon as the papers are received and the learned advocate peruses them that this is not a fit case for leave to appeal to the Supreme Court, in that view of the matter the applicant will not be entitled to the benefit of the Scheme. All learned Advocates-on-Record are being requested to examine the matter in the first instance and proceed to take effective steps only upon being satisfied that it is a fit case to be proceeded with. The Middle Income Group Legal Aid Committee will proceed to take the view that an applicant is entitled to legal aid unless the learned Advocate-on-Record endorses the view as stated hereinabove that it is not a fit case for legal aid. The view expressed by the learned Advocate-on-Record will be final insofar as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned. Upon such an endorsement being made either upon the case papers or in any accompanying letter, the Supreme Court Middle Income Group Legal Aid Committee shall return the papers forthwith to the applicant and deduct a sum of Rs 100 only towards service charges. The balance amount of service charges and the amounts which may have been deposited by the applicant with the Committee towards appropriation as fees and all expenses in the conduct of the case will be refunded.
8. The Committee will obtain a list of names of three advocates in the order of preference from the Panel maintained by the Committee. The applicant may indicate any three names both in relation to the Advocate-on-Record or the arguing counsel or the senior counsel as the case may be. The Committee would attempt to honour the choice indicated. The Committee would be at liberty to assign the matter to any Advocate-on-Record/arguing counsel, senior advocate of the Panel. The final right to assign the papers of the applicant under the scheme to any Advocate-on-Record or the arguing counsel or senior counsel will remain with the Supreme Court (Middle Income Group) Legal Aid Committee.
9. Any intending litigant desirous of availing the benefit of the Scheme shall have to fill up the form prescribed and accept all the terms and conditions contained therein. The pro forma shall also contain a schedule of fee and expenses as applicable from time to time. A sum of Rs 350 shall be payable to the Supreme Court Middle Income Group Legal Aid Committee (SCMIGLAC) as service charges. The schedule shall indicate the fee payable for various items of work and shall also indicate the court fees and the approximate expenses for preparation of the court record. The applicant shall have to deposit the fee indicated by the Consultant-cum-Executive Lawyer, which will be in accordance with the schedule attached to the Scheme. It is only upon payment of the said amount that the Consultant-cum-Executive Lawyer will register the case as a case under the MIG Legal Aid Scheme and proceed to forward the papers to the Advocate-on-Record/arguing counsel/senior counsel on the Panel for opinion.
In relation to the approximate expenses for preparation of the court record, the Consultant-cum-Executive Lawyer will upon a perusal of the papers determine as to what would be the approximate amount necessary for the purpose of such preparation of the court record and in accordance with the schedule indicate the same to the applicant. If, however, for any reason, the amount which is due to the learned Advocate-on-Record under the Scheme exceeds the amount indicated by the Consultant-cum-Executive Lawyer, then the applicant will be duty-bound to make good the difference upon the Consultant-cum-Executive Lawyer certifying it to be so under the Scheme.
10. That the Executive Committee of the Scheme will open a S.B. Account with UCO Bank, Supreme Court Compound, in the name of "Supreme Court Middle Income Group Legal Aid Committee". The account will be operated by any three members of the Executive Committee authorised by the Committee and the signatures of any two members shall be sufficient to operate the account.
11. All sums received under the Scheme including grants-in-aid will be accounted for by a person to be nominated in that behalf and duly audited.
12. The amounts so received under the Scheme will be used to defray all the expenses including the salaries and all expenses duly approved by the Executive Committee.
13. A Contingent Fund of the Scheme will be created to meet the miscellaneous expenditure in connection with the case under the Scheme by requiring the applicant under the Scheme to deposit up to the stage of admission, a sum of Rs 350 in addition to the charges required to be deposited with the Committee, out of this contingent fund, the fee of the auditor for auditing the account, printing of forms of application, vakalatnama, affidavit of facts, binding of registers for maintaining account etc. shall be made. Thus at the time of handing over the case papers, the applicant will have to make payment of the estimated fee, expenses that are indicated by the Consultant-cum-Executive Lawyer as well as a sum of Rs 350.
14. The amount indicated by the Consultant-cum-Executive Lawyer on the basis of the estimate details shall be deposited by the applicant in cash or by way of a bank draft. In the event of the learned advocate taking the view that the case is not a fit one for an appeal to the Supreme Court, then the entire amount after deducting Rs 100 towards minimum service charges of the Committee shall be refunded to the applicant by way of cheque.
15. The initial expenses for printing of forms and other office expenses would be borne by initial corpus of the Scheme.
16. The pattern of payment of fee to the advocates under the Scheme will be same as per the schedule as applicable from time to time.
17. On the assigning of a case to an advocate under the Scheme the intending litigant will be directed to deposit with the Committee the fee and expenses as per schedule as assessed by the Consultant-cum-Executive Lawyer. The payment to the advocate or the service charges payable to the Scheme as stated in the schedule shall be in cash or bank draft.
The Advocate-on-Record shall submit his bill on the basis of the amounts prescribed in the schedule with regard to printing, court fee and his appearance fee along with a copy of the filing memo in token of a proof of filing the petition/appeal for which the claim is made. The advocate will inform the Committee about the admission of any matter so that the client can be requested to pay the fee for processing the appeal, without which information it will not be possible for the Committee to recover the amount from the client and pay to the advocate on hearing of the case. The fee to the advocate in a regular matter shall be made on receipt of a bill from the advocate at the time of the conclusion of the final hearing of the matter.
18. Once the case is assigned to an advocate it is the responsibility of the advocate to deal with the matter as he/she deems fit in the interest of the client and the advocate is required to communicate directly with the litigant and the Committee will not monitor assignment and final disposal of the matter. However, the Committee will intercede upon the receipt of a complaint in writing.
19. After a complaint is received by the Committee from the litigant and/or the advocate concerned against the litigant/advocate then the Committee after enquiry may take such action as is deemed fit and necessary.
20. If the advocate who is appointed under the Scheme is found negligent in the conduct of the case entrusted to him, then he will be required to return the brief together with the fee which may have been received by him from the applicant under the Scheme.
Further, the Committee would not be responsible for the negligent conduct of the case but the entire responsibility will be that of the advocate vis-...-vis the client. The name of the advocate would, however, be struck off from the Panel prepared under the Scheme.
Schedule of Fee for Advocate-on-Record/Advocates
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(A) |
Appearing on behalf of petitioners |
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1. |
To fee for drafting SLP/writ petition/transfer petition including list of dates and miscellaneous application such as stay, exemption, bail, condonation of delay including conferences with the client up to the admission hearing of the matter (before notice stage). |
Consolidated Fee Rs 2200 |
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2. |
To fee for drafting rejoinder-affidavit, and/or contesting matter after notice is issued by the Court and till the disposal of the matter at the notice stage including acting work and adjournment (excluding final disposal at the notice stage). |
Consolidated Fee Rs 1100 |
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3. |
To fee for hearing of the matter at final disposal stage inclusive of adjournment, if any, and/or at the appeal stage. |
Rs 1650 per day up to a maximum of Rs 3300 |
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(B) |
Appearing on behalf of the respondents |
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1. |
To fee for drafting counter-affidavit/statement of objections and all other necessary applications including application for vacating stay and appearance inclusive of all conferences, up to admission stage excluding final disposal at notice stage. |
Consolidated Fee Rs 2200 |
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2. |
Fee for hearing of matter at final disposal stage including adjournment, if any, and/or at appeal stage. |
Rs 1650 per day up to a maximum of Rs 3300 |
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(C) |
Fee for senior advocates |
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1. |
To fee for settlement of SLP/writ petition/transfer petition/counter-affidavit/Rejoinder affidavit/statement of objection including conference, etc. |
Rs 1000 |
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2. |
To fee for appearance at the admission stage/after notice at the rate of Rs 1650 per appearance up to a maximum of Rs 3300. |
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3. |
Fee for appearance at final disposal/appeal stage at the rate of Rs 2500 per appearance up to a maximum of Rs 5000. |
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SCHEDULE OF RATES FOR OUT-OF-POCKET EXPENSES |
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1. |
Cost of Stencil |
Rs 3.50 |
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2. |
Cutting Stencil per sheet |
Rs 3.00 |
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3. |
Rolling @ 0.30 ps per sheet (for 10 copies) |
Rs 3.00 |
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Rs 9.50 |
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Typing (1+1) (0.50 ps. for each extra copy) |
Rs 2.50 per page |
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Stencil Charges |
Rs 3.50 per page |
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Steno Charges |
Rs 3.00 per page |
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Paper-book binding |
Rs 2.50 each |
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4. |
Court fee payable on petition as per the Supreme Court Rules 1966 as amended up to date. |
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SUPREME COURT LEGAL AID COMMITTEE NEW DELHI
BREAK UP OF LEGAL AID BENEFICIARIES
Number of persons who have been provided legal aid and advice
through the supreme court legal aid committee
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Year |
Number of Persons Belong to |
Total |
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S.C. |
S.T. |
V.J./N.T. |
Women |
Children |
B.C. |
General Category |
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|
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1981 (11/81) |
— |
— |
— |
1 |
— |
— |
23 |
24 |
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1982 |
— |
— |
— |
38 |
1 |
— |
371 |
410 |
|
1983 |
31 |
8 |
— |
48 |
— |
2 |
447 |
536 |
|
1984 |
35 |
5 |
2 |
57 |
1 |
1 |
446 |
547 |
|
1985 |
41 |
8 |
2 |
65 |
— |
1 |
459 |
576 |
|
1986 |
48 |
9 |
2 |
119 |
— |
— |
578 |
756 |
|
1987 |
51 |
17 |
4 |
132 |
1 |
6 |
610 |
821 |
|
1988 |
55 |
13 |
2 |
117 |
1 |
1 |
570 |
759 |
|
1989 |
55 |
11 |
— |
124 |
— |
— |
502 |
692 |
|
1990 |
56 |
9 |
2 |
126 |
3 |
1 |
492 |
689 |
|
1991 |
47 |
13 |
— |
121 |
— |
7 |
539 |
717 |
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1992 |
39 |
8 |
2 |
91 |
— |
5 |
404 |
559 |
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1993 |
41 |
12 |
10 |
81 |
— |
7 |
348 |
449 |
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1994 |
45 |
11 |
11 |
97 |
— |
— |
281 |
445 |
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Total |
544 |
124 |
37 |
1217 |
7 |
31 |
6070 |
8030 |
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