Advocates Appointed By Legal Aid Or Court Exempt From Filing Certified Copies Of Judgement In Appeal: Bombay High Court
The Bombay High Court has held that the High Court Office should accept appeals filed by advocates appointed by the Legal Aid Service Authority or the court, even if the advocate fails to attach certified copies of the judgements they are challenging. A Bench of Justices SS Jadhav and MN Jadhav passed the order on a mentioning by Advocate Pawan Mali, who was appointed by the court...
The Bombay High Court has held that the High Court Office should accept appeals filed by advocates appointed by the Legal Aid Service Authority or the court, even if the advocate fails to attach certified copies of the judgements they are challenging.
A Bench of Justices SS Jadhav and MN Jadhav passed the order on a mentioning by Advocate Pawan Mali, who was appointed by the court to represent a man convicted for murder by the Alibaug Sessions Court.
The Legal Aid Services Authority had supplied photocopy of the judgment to Mali who had "strenuously prepared the Appeal Memo along with an Application for condonation of delay," the bench noted.
However, the High Court office did not permit him to file the Appeal on the ground that he failed to furnished the certified copy of the impugned judgment.
"In fact the learned counsel was never given a certified copy of the said judgment by the Legal Aid Services Authority," the court said.
The court then exempted Mali from filing of the certified copy of the judgment.
"Office to accept the papers and register the same as in other proceedings. These directions would be applicable to all Advocates who are appointed either by the Court or by the Legal Aid Services Authority. Non-filing of the certified copy of the judgment shall not be an impediment to accept the papers and register the Appeals by the office," the bench said.
Case Title :Babi Krushna Pawar v The State of Maharashtra
Citation: 2022 LiveLaw (Bom) 113