Punjab and Haryana High Court issues guidelines to ensure transparency in legal aid defence counsel system
Registrar General’s circular seeks uniform enforcement of NALSA’s LADC scheme amid opposition from bar associations across Punjab
NewsArc Bureau | Chandigarh
The Punjab and Haryana High Court has issued a fresh set of guidelines aimed at ensuring greater transparency and effective enforcement of the Legal Aid Defense Counsel (LADC) System, directing that the recommendations be circulated among Judicial Officers and Secretaries of the District Legal Services Authorities across Punjab, Haryana and Chandigarh.
The move comes with the approval of the Acting Chief Justice and is intended to streamline how legal aid counsel are assigned, how their conduct is regulated, and how courts deal with cases where an accused’s private counsel is absent.
WHAT IS THE LADC SYSTEM
The National Legal Services Authority (NALSA) had introduced the LADC scheme to create an institutional mechanism for providing legal representation to persons entitled to legal aid. However, the scheme has not gone down well with several bar associations in Punjab, which argue that it cuts into opportunities available to practising advocates under the earlier panel counsel system — a tension that forms the backdrop to the High Court’s latest intervention.
KEY DIRECTIONS ISSUED
According to the circular, the Secretary of the District Legal Services Authority has been asked to prepare a jail visit roster for Legal Aid Defense Counsel, with Judicial Officers ordinarily expected to refrain from accompanying such counsel during these visits.
Assignment of Legal Aid Defense Counsel to represent accused persons must now be done exclusively by the Secretary, District Legal Services Authority. Significantly, the guidelines bar such counsel from directly obtaining a power of attorney from inmates.
On the recurring issue of defence counsel’s absence from proceedings, the guidelines lay down a graded process. Where a Presiding Officer believes the non-appearance of defence counsel is wilful or mischievous, the court must first pass an order recording the absence and take steps to inform the accused or the advocate — rather than immediately appointing a Legal Aid Defense Counsel. Only if the accused or the lawyer remains absent on the next date can the matter be referred to the Secretary, District Legal Services Authority, for appointment of legal aid counsel.
The circular also calls for a uniform and consistent approach among courts while directing the release of an accused on bail bonds, surety bonds, or personal bonds, in order to ensure parity across cases.
REMAND PROCEEDINGS
On remand proceedings, the guidelines direct that when an accused is produced before an Ilaqa Magistrate, the court must first ascertain whether the accused already has counsel. If represented, the court must await that counsel’s appearance. Where the accused has no counsel, Legal Aid Defense Counsel assistance is to be provided — though no power of attorney is to be filed at that stage. If the accused later wishes to continue with the Legal Aid Defense Counsel, the assignment must be routed only through the Secretary, District Legal Services Authority.
ELIGIBILITY AND CONDUCT NORMS
Secretaries of the District Legal Services Authorities have been directed to satisfy themselves regarding the eligibility of applicants seeking legal aid, in accordance with Section 12 of the Legal Services Authorities Act, 1987, and other applicable guidelines.
Legal Aid Defense Counsel have also been instructed to strictly adhere to professional ethics and the terms of their engagement, and to refrain from soliciting work for themselves or for other practising members of their family or chamber.
The District and Sessions Judges have been requested to circulate the letter among all Judicial Officers and the Secretary, District Legal Services Authority, within their respective districts.
BACKGROUND
The LADC scheme was rolled out by NALSA as part of a broader push to institutionalise legal aid representation, replacing the older practice of engaging panel counsel on a case-by-case basis. Bar bodies in Punjab have previously flagged concerns that the scheme diminishes the role of practising advocates who earlier served as panel lawyers for legal aid cases, and the issue has at times triggered friction between the bar and legal services authorities. The High Court’s latest circular appears designed to address procedural ambiguities — particularly around when and how legal aid counsel step in for an accused — while seeking to reassure the bar that legal aid appointments will follow a structured, transparent process rather than displace existing counsel arrangements.
