Delhi HC seeks report from Law Secy over non-payment of govt lawyers’ fees

The Delhi High Court has taken serious note of the non-payment of fees by the Delhi government to thirty-two Additional Public Prosecutors; the fees have remained unpaid for nearly a year. A Bench of Justices Gita Mittal and PS Teji has sought a report from the Chief Secretary, Ministry of Law regarding the same..The order was passed in a case relating to the welfare of family members of prisoners. The issue regarding non-payment of fees was brought to the notice of the court for the first time on December 7 by State government’s standing counsel, Rahul Mehra..As per the order passed by the High Court on December 7, Mehra had told the court that no payments have been made to the thirty-two Additional Public Prosecutors (APPs) since December last year..This prompted the Court to make the following observations in its order:.“We are appalled by an extremely distressing factor which has been brought to our notice by Mr.Rahul Mehra….We are informed that the Additional Public Prosecutors are awaiting payment and have not received even a single penny for almost eleven months. .We are informed by Mr.Rahul Mehra, learned Standing Counsel that all the aspects of the bills of the prosecutors have been examined and have been verified and there is no reason at all for non-disbursement of these payments. .It is difficult to understand as to how the State would expect the requisite assistance to be rendered by the counsel to courts if they have not been paid for over almost eleven months now.”.The Court then observed that such treatment is what discourages competent lawyers from working for the government..“We may note that it is treatment like this that dissuades other competent counsel from agreeing to work as government pleaders or prosecutors or agree to represent the State.”.The High Court then directed that a copy of the order be served on the Chief Secretary and the Law Secretary of Delhi and listed the matter for further hearing on December 9..When the matter was taken up on December 9, there was no progress on the issue prompting the court to seek a report from the Chief Secretary, Ministry of Law..“We are informed that, despite our previous orders, prosecutors’ fee has still not been disbursed. We are deeply concerned about the non-payment of fees to the Prosecutors, who are appearing before us. .We are conscious of the fact that it would be extremely difficult for them to run their office to enable them to render effective service in serious criminal matters. .The Chief Secretary, Ministry of Law, shall consider this matter and cause a report to be filed in this regard before the next date of hearing.”.Speaking to Bar & Bench, advocate Aashaa Tiwari, who is one of the AAPs in the case, said that they do not directly liaison with the government regarding this, and the communication happens through the Standing Counsel..Law Secretary Raj Kumar Chuahan was not available for comment at the time of publication..The case is now listed for January 6 next year..Read the two orders passed by Delhi High Court below.