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Flags Double Expenditure as Foreign National Accused Gets Two Legal Aid Lawyers
The has pulled up the practice of assigning two legal aid lawyers to the same accused, calling it a “” that leads to a “.” Justice Girish Kathpalia made the observation while dismissing a bail modification application filed by foreign national Desalegn Atnafu Abeba in a case registered under the .
Two Lawyers, One Accused, Zero Coordination
The case took an unusual turn when the accused, who was initially represented by a private counsel, was later assigned two different legal aid advocates for the present proceedings. The court noted that the first legal aid lawyer, who drafted the modification application from jail, was “completely unaware” of an earlier order dated . As a result, the legal aid counsel appearing before the court had “no option but to stand in court” without proper briefing.
“This is yet another case where it appears that on account of two different legal aid advocates for one person, there is ,” Justice Kathpalia observed.
The court underscored that engaging two legal aid advocates for the same person amounts to “.” It directed the Registrar General of the High Court to place a copy of the order before the committee dealing with the Legal Services Committee (DHCLSC) for necessary action.
Previous Attempts at Modification
The accused had earlier filed an application for modification of the bail order dated , seeking a reduction of the surety bond amount. That application was withdrawn after part submissions by his erstwhile private counsel. The fresh application, filed by the legal aid counsel, sought the same relief—reduction of the surety bond amount.
However, the court found no reason to modify the earlier bail order. “Looking into the circumstances described in the bail order, I find no reason to modify the said bail order dated ,” Justice Kathpalia stated while dismissing the application along with the accompanying exemption application.
A Systemic Issue
The judgment highlights a recurring problem in the administration of legal aid: the lack of coordination between multiple lawyers assigned to the same client. The court’s order serves as a cautionary note to legal services committees to avoid duplication of resources and ensure effective communication among counsel. By flagging the issue for the DHCLSC, the High Court has set the stage for potential reforms in how legal aid lawyers are allocated.
Key Observations
- “This is yet another case where it appears that on account of two different legal aid advocates for one person, there is .”
- “As repeatedly pointed out, engaging two legal aid advocates for same person is double expenditure on exchequer.”
Court’s Decision
Justice Girish Kathpalia dismissed the application for modification of the bail order and the accompanying exemption application. The court also directed that a copy of the order be sent to the Registrar General for placement before the DHCLSC committee. The decision underscores the High Court’s commitment to both and in legal aid administration.
