P. S. Mishra, J.

1. Two respondents Jagmohan Singh Toni and Dalip singh have filed two separate applications but similar in contents praying that this Court may modify its order of stay dated 8-9-1989 to permit the Sessions court, Delhi to dispose of and deal with Misc. Applications pending before it and to direct the State of Bihar to pay a sum of Rs.10,000/- per day as counsels fee besides expenses to enable them to be represented by a counsel of their choice.

2. The petitioner has filed a re-joinder stating that any person accused of an offence before a criminal court or against whom proceedings are instituted under the Code of Criminal Procedure may have the right to defend himself by a lawyer of his choice but the court does not come into the picture to give a right of selecting a lawyer of the choice of an accused except under Sec.304 ot the Code of Criminal Procedure, 1973 and that there is no justification, legal or otherwise, for the modification of the impugned order of stay particularly when the case is being heard for final disposal.

3. Respondent No.3, however, has made no such application. A telegram dated 3rd October, 1989, stating that time fixed for hearing