Dismissed

High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Shri Kishore Pra v. The State Of Bihar and Ors.

Patna HC17 Nov 2016CR. MISC./37731/2016

Case brief

AI extract

What is this about?

Petitioner sought modification of an order awarding fee to an Amicus Curiae in a criminal appeal against Section 302 IPC conviction. Court dismissed application, holding Committee cannot avoid constitutional duty to pay appointed Amicus fees regardless of regulation or nature of civil/criminal case.

What did the court decide?

Application for modification of the awarding fee order is dismissed.

High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Shri Kishore Pra Vs The State Of Bihar and Ors. — Patna HC (2016) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.37731 of 2016

¶3

===========================================================

¶4

High Court Legal Services Committee, Patna High Court, Patna through its Secretary Shri Kishore Prasad, Joint Registrar (Judicial)-Cum-Secretary, Patna High Court Legal Services Committee, Patna.

¶5

.... .... Petitioner

¶6

Versus

¶7

The State of Bihar

¶8

The High Court of Judicature at Patna through the Registrar General, Patna High Court, Patna.

¶9

The Registrar General, Patna High Court, Patna.

¶10

The Secretary, General Administrative Department, Government of Bihar, Patna

¶11

…. Opposite Party 1^st Set

¶12

Mr. Bharat Lal, Advocate, Patna High Court, Patna.

¶13

… Opposite Party 2^nd Set

¶14

Sarvlal Rai Son of Hanuman Rai resident of Village-Singnwahinitola Khutna, P.S.- Sonbarsa, District- Sitamarhi.

¶15

… Opposite Party 3^rd Set

¶16

=========================================================

¶17

Appearance :

¶18

For the Petitioner : Mr. Md. Anis Akhtar, Advocate. For the Opposite Parties : Mr. Nawal Kishore Prasad, APP

¶19

===========================================================

¶20

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE

¶21

And

¶22

HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

¶23

(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 17-11-2016

¶24

Heard learned counsel for the petitioner and learned

¶25

counsel for the State.

¶26

The present application has been filed by Patna High Court Legal Services Committee for modification of the order dated 10^th of April, 2014 passed in Criminal Appeal (DB) No. 397 of 1993 by the Division Bench of this Court awarding a fee of Rs. 5000/- to the Amicus Curiae.

¶27

The argument of the learned counsel for the petitioner

¶28

Patna High Court Cr.Misc. No.37731 of 2016 dt.17-11-2016

¶29

2/3

¶30

is that under the Bihar State Legal Services Authority Regulation, 1998, the fee has been fixed; therefore, the High Court Legal Services Committee cannot pay more fee than what is fixed in the said Regulation.

¶31

We do not find any merit in the argument raised by learned counsel for the petitioner. Bihar State Legal Services Authority Regulation, 1998 regulates a fee payable to a counsel engaged by Patna High Court Legal Services Committee but not a fee ordered to be paid by the Court appointed Amicus. The fee of Rs. 5000/- awarded by the Court cannot be said to be unjust keeping in view the fact that the criminal appeal in which Amicus was appointed was against conviction of the accused under Section 302 of the Indian Penal Code.

¶32

The other orders relied upon by the Petitioner were passed in Civil Review No. 452 of 2011 and Civil Review No. 453 of 2011 which are the cases wherein the fee was granted to an Amicus in the civil cases. Such orders will not be relevant in respect of fee paid for defending an accused convicted for the offence under Section 302 of the IPC. Still further, reliance on the orders dated 16^th of September, 2016 passed in Criminal Miscellaneous No. 24032 of 2016 and Criminal Miscellaneous No. 25601 of 2016 is again not tenable. The Court has not interfered with the quantum of fee but

¶33

Patna High Court Cr.Misc. No.37731 of 2016 dt.17-11-2016

¶34

3/3

¶35

observed that the Patna High Court Legal Services Committee has no onus or duty to pay the fee to the Amicus.

¶36

We find that the Patna High Court Legal Service Committee is constituted to provide legal aid to the convicts who cannot represent themselves in view the mandate of the Constitution and the judgment of the Supreme Court to provide legal aid to the under trials and convicts. The Committee cannot be permitted to avoid making payment of fee. The Committee will be failing in its constitutional and legal duty, if this Court appointed Amicus is not to be paid fee by it. It cannot be said that the Patna High Court Legal Services Committee cannot and should not pay such fee as it is not just, fair and reasonable and in the interest of justice.

¶37

We do not find any reason to modify the order dated 10^th of April, 2014 passed in Criminal Appeal (DB) No. 397 of 1993. The application is accordingly dismissed.

¶38

(Hemant Gupta, ACJ)

¶39

B.T/-

¶40

(Vikash Jain, J)

¶41

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	23.11.2016
Transmission Date	N.A.

High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Shri Kishore Pra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Shri Kishore Pra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhimanyu Singh Vs The State Of Bihar and Ors.

The State Of Bihar and Ors. Vs Rang Natha Sharma

The Branch Manager, Punjab National Bank Vs Bal Mukund Mahto and Anr.

Jayram @ Jayram Viplav Vs The State Of Bihar and Anr.

M/s Ashok Int Vs The State Of Bihar and Anr.

The Jharkhand State Electricity Board, Ranchi Vs The Bihar State Electricity Board and Ors.