After dedicating nine months to the case of the lone surviving 26/11 mumbai attacker Mohammed Ajmal Amir Kasab, the defence lawyers appointed by the Maharashtra State Legal Aid Services Authority (MSLASA) are yet to receive their remuneration.
Amin Solkar and Farhana Shah were appointed by the MSLASA as defence lawyers for Kasab in June 2010 after his appeal and the confirmation case by the state were to come up for hearing in the Bombay High Court. The hearing in the HC went from June 2010 to February 2011 on almost daily basis.
Solkar was to be remunerated as per the pay scale as that of a public prosecutor appointed in confirmation case whereas, Shah was to be given remuneration as that of an additional public prosecutor in the case. Their nomination was done as per the directions of the executive chairman of MSLASA, Justice JN Patel (who is now Chief Justice of Calcutta HC).
“An additional public prosecutor gets anywhere between Rs1,000 to Rs2,500 per hearing in a confirmation case,” said a public prosecutor in condition of anonymity.
Shah said they had completely concentrated on Kasab’s case for nine months on a daily basis. “During that time, we had to even sacrifice our other personal cases,” said Shah.
VI Achilya, secretary to the Law and Judiciary department, said that the advocates have to submit their claim to the legal aid department after which it would be cleared.
However, Solkar said, “The government appointed us and hence it has to remunerate us. Why should we file some application with the legal aid department.”
Special public prosecutor Ujjwal Nikam too said he did not remember whether the dues were cleared or not. “I will have to check with my office. I don’t remember whether the remuneration has been cleared by the government,” said Nikam.
Kasab has now moved the Supreme Court against the HC order.
