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This is an archive article published on June 10, 2010

Prosecutor fees for Kasab’s HC lawyers

Lawyers Amin Solkar and Farhana Shah,who will file and argue 26/11 convict Ajmal Kasab’s appeal against his death sentence,will be paid on par with public prosecutors in cases of confirmation of death sentences.

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Lawyers Amin Solkar and Farhana Shah,who will file and argue 26/11 convict Ajmal Kasab’s appeal against his death sentence,will be paid on par with public prosecutors in cases of confirmation of death sentences.

The pay for legal aid panel lawyers is otherwise much lower.

The appointment letters from the Maharashtra State Legal Services Authority (MSLSA) appoints Solkar public prosecutor and Shah additional public prosecutor. Under a government resolution dated January 16,2008,this entitles them to Rs 500 on acceptance of the case,Rs 1,000 per effective hearing and Rs 500 for each miscellaneous application they file during the proceedings. They will be entitled also to reimbursement of money spent on stationery and other items and purposes,provided they submit bills.

MSLSA member secretary K K Sonawane said,“They will be given the remuneration as per the government resolution.”

Sources said the current legal fees for lawyers on the panel is Rs 2,100 for the entire appeal period,besides reimbursement of miscellaneous expenses.

The legal fees haven’t been revised for a long time.

During the 26/11 trial,too,the low pay of panel lawyers had come into focus. Considering that the legal fee was Rs 900 per case,judge M L Tahaliyani had directed the government to pay Kasab’s main lawyer Rs 2,500 per effective hearing day and his assistant lawyer Rs 400 per effective hearing day.

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Sonawane said,“We will soon submit a proposal to the finance department for a revision in legal remuneration of lawyers on the panel. If it is accepted then decent fees would be given to the lawyers to defend poor and needy litigants who can’t afford a private lawyer.”.

Lawyer K P Pawar,who defended Kasab during the trial,said,“The case is so voluminous with documents running into thousands of pages,be it evidence or the chargesheet,that it is impossible for a single lawyer to go through it; assistance from another lawyer is a must. Legal fees should be provided accordingly,as this case will take up all of lawyer’s time and he might not able to concentrate on other cases.”

Shah said,“When I gave my consent to authority chairman Justice J N Patel to taking up the case,I was clear I wouldn’t bother about the money,but he has been considerate enough to keep our pay on par with that of state prosecutors”.

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