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Kasab’s lawyer not paid legal aid fee

Abbas Kazmi,appointed by the court to defend arrested terrorist Ajmal Kasab,has not been receiving his legal aid fee of Rs 2,500 per effective day of the 26/11 trial.

3 min read

Abbas Kazmi,appointed by the court to defend arrested terrorist Ajmal Kasab,has not been receiving his legal aid fee of Rs 2,500 per effective day of the 26/11 trial. Kazmi says several requests from him to the Sessions Court finance department for the fee have fallen on deaf ears.

He was appointed Kasab’s lawyer around four months ago. “I have not received a single penny so far. All the costs have been borne by me,” said Kazmi,who has cross-examined over 150 witnesses and has attended all days of the trial after his appointment. “I have moved several applications,all at my own cost.”

Kazmi said,“I’ve been in touch with the department of the court that handles finance. I call them every 3-4 days to check on my fees. The officer concerned has been promising that the process of issuing a cheque to me is on.”

Kazmi,a private lawyer who was not in the state legal aid panel,was specially appointed by the court to defend Kasab on April 16 after Anjali Waghmare from the legal aid panel appointed earlier was removed from the case for professional misconduct.

On the recommendation of Special Sessions Judge M L Tahaliyani,a notification was issued by the state Law and Judiciary department stating that the government would pay Rs 2,500 per hearing as legal aid fee to Kazmi,by May end. At least 20 hearings have been held per month. Kazmi’s total remuneration per month,to be paid by the state,would work out to at least Rs 50,000 per month.

The procedure to claim fee from the state government by a lawyer appointed by the court requires the lawyer to provide proof of his attendance in court by showing the roznama. The court staff have been sending court records showing that Kazmi had been present for every hearing after he had taken up the case.

While appointing Kazmi,the court had observed that legal aid fee (Rs 900 per case) was not reasonable. Judge Tahaliyani also ordered that the state government “is expected to grant a reasonable fee to the advocate.” Thereafter,Kazmi’s remuneration was hiked.

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The fee for legal aid lawyers was last revised in October 1997.

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