High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary, Sri Kishore Pra v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.23332 of 2016 (2) dt.28-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23332 of 2016 ====================================================== High Court Legal Services Committee, Patna High Court, Patna through its Secretary, Sri Kishore Prasad, Joint Registrar (Judicial)-Cum-Secretary, Patna High Court Legal Services Committee, Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The High Court of Judicature at Patna through the Registrar General

3. The Registrar General, Patna High Court, Patna

4. The Commissioner-cum-Principal Secretary, General Administration Department, Government of Bihar, Old Secretariat, Patna

5. Mr. Neeraj Kumar Sanidh, Advocate, Patna High Court, Patna null null

6. Arun Singh S/o Gajendra Singh, Resident of village- Chitauni, P.s.- Tarianichowk, District- Sitamarhi, at present Resident of MohallaSikandarpur, District- Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Patna High Court : Mr. Mrigank Mauli, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 2.

28-09-2016 This is a review application in the garb of an application under Section 482 of the Code of Criminal Procedure, calling upon this Court to review the final judgment and order passed by this Court in Cr. Appeal (DB) No. 650 of 1987. Even though, such application is not maintainable, we have heard learned counsel for the Legal Services Authority. Their prayer is that their regulations provide for payment of only Rs. 500/- to the counsel engaged by them to appear on behalf of any

Patna High Court Cr.Misc. No.23332 of 2016 (2) dt.28-09-2016 person as a matter of legal aid. It is submitted that when the Court appointed amicus curiae in this case for final hearing before Division Bench, the Court ought not to have awarded Rs. 5000/- (Rupee Five Thousand) to the amicus curiae to be paid from the Legal Services Authority. We are not impressed. Legal Services Authority gets money also by way of various court's order which is not a part of its regulation, then, when a Court appoints amicus curiae and not an advocate through the Legal Services Authority, we do not find that the authority should have any difficulty in obeying the orders of the Court and that too of a paltry amount payable only Rs. 5000/- (Rupee Five Thousand).

We, thus, find no merit in this application.

This application is dismissed, accordingly. If amount already not paid, be paid within a fortnight. Kundan/Rajeev (Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) U T