LAHORE: The Punjab cabinet sub-committee on law has approved the first-ever Legal Aid Agency that will provide free services of proper defence lawyers to non-affording accused in criminal cases, also ordering extending of the facility to the poor facing long-drawn civil suits.

“We had recommended the creation of the agency only for hiring defence lawyers for the poor accused in criminal cases to enable them to defend themselves. But while approving the agency, the cabinet has also ordered that it (agency) should also hire lawyers for the poor litigants facing civil suits to enable them get justice,” a senior official said on Wednesday.

The chief minister had approved establishment of the Punjab Legal Aid Agency through a fresh law two months ago.

The government is already hiring lawyers for the poor accused in criminal cases but the arrangement was introduced two years ago through an executive order.

However, under the existing arrangement, the fees allowed are too low to attract proper lawyers for the accused.

To also cover the poor facing civil litigation

The executive order allows for payment of Rs25,000 for engaging a lawyer for representing a poor litigant in the Lahore High Court and Supreme Court of Pakistan, Rs20,000 in sessions court and Rs15,000 in a magisterial court.

Lawyers for all courts are engaged by the public prosecutors, and the fee is paid by the deputy commissioners for the cases in sessions and magisterial courts, and by the prosecutor general for the cases in all other courts, including the Lahore High Court and the Supreme Court.

Lawyers for the pauper accused in all cases are engaged after orders by courts which are requested for the purpose.

The accused are asked to select lawyers of their choice from lists that are maintained by the district public prosecutors and the prosecutor general. Those who are unable to make the selection are helped by the district public prosecutor and the prosecutor general in doing so.

Officials said through the new agency, the government was going to make an institutional arrangement for providing proper lawyers to those who could not afford them and therefore are unable to get justice.

The biggest problem for arranging proper lawyers for the needy was the low fees allowed in the order.

But, the new agency will have the powers to make payments on case-to-case basis. The payments will be higher in the cases requiring services of senior and experienced lawyers.

The service for the poor litigants will be offered through a single agency, having expertise, relevant staff and proper understanding of the job.

The cabinet’s decision to also allow this facility to those facing civil cases would also lead to the introduction of time-limit litigation as the lawyers to be engaged by the government would not be allowed to seek undue adjournments, officials said.

They said after the cabinet’s approval, the law governing the agency was being finalised. It would soon be introduced in the Punjab Assembly for adoption, they added.

Published in Dawn, March 8th, 2018