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Mangal Singh Vs. the King - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1937)39BOMLR712
AppellantMangal Singh
RespondentThe King
Excerpt:
.....of murder-petition for leave to appeal in forma pauperis-legal aid-expenses-fees of appellant's counsel and solicitors.;rule 81 of the judicial committee rules, 1925, provides as follows :-'where the judicial committee directs costs to be taxed on the pauper scale, the taxing officer shall not allow any fees of counsel, and shall only award to the agents out-of-pocket expenses and a reasonable allowance to cover office expenses....';upon a petition for leave to prosecute in forma pauperis an appeal to the privy council against a conviction of murder, which petition prayed, inter alia, for an order that the india office should, besides providing for the expenses of printing and binding the record and the petitioner's case, also pay the fees of counsel and solicitor for prosecuting the..........one. i fear that it is not competent. the petitioner is asking for indulgence to appeal as a pauper, and yet wishes to employ counsel at someone else's expense. he is seeking to have the best of both worlds.2. with regard to the legal aid provided to prisoners by the court of criminal appeal in this country, there is statutory provision for it. the petitioner is asking for an order which this board cannot possibly pronounce.3. with the exception of the point with regard to the fees of counsel and solicitor, the petition will be granted.
Judgment:

Thankerton, J.

1. [After referring to the provisions of Rule 81 of the Judicial Committee Rules, 1925, his Lordship continued :] Counsel for the petitioner appears to be flying straight in the teeth of the rule. The proposal is a novel one to me, or, at least, a most unusual one. I fear that it is not competent. The petitioner is asking for indulgence to appeal as a pauper, and yet wishes to employ counsel at someone else's expense. He is seeking to have the best of both worlds.

2. With regard to the legal aid provided to prisoners by the Court of Criminal Appeal in this country, there is statutory provision for it. The petitioner is asking for an order which this Board cannot possibly pronounce.

3. With the exception of the point with regard to the fees of counsel and solicitor, the petition will be granted.


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