August 8, 2024
By Alefia T. Hussain
LAHORE:
On Tuesday, August 6, Chief Minister of Punjab Maryam Nawaz declared that poor prisoners who cannot afford lawyers to defend them in courts would get free legal aid – “No poor prisoner in Punjab would be deprived of legal representation.”
Maryam Nawaz has developed a close affinity with prisoners since her incarceration in Kot Lakhpat jail in 2018. In March, during Ramazan, to express solidarity with the female prisoners in Lahore’s Kot Lakhpat jail, she shared iftaar with them. She not only planted a tree in the jail’s lawn and directed the prison authorities to plant more trees to improve the environment in the prison, she inaugurated a 20-bed hospital dedicated to the rehabilitation of drug addicts and a video call facility for prisoners in the jail.
During her visit, she inspected the quality of food and interacted with the prisoners, inquiring about their problems and requirements.
Now, five months on, the CM directed the formation of free legal aid committees in all 43 jails of Punjab, in collaboration with the Punjab Bar Council and district bar associations. Eligible prisoners would apply to their respective jail superintendents, who would refer the applications to lawyers. A total of 447 lawyers have been included in these free legal aid committees across Punjab, with representation as follows: 45 lawyers in Lahore division, 90 in Gujranwala, 70 in Rawalpindi, 47 in Faisalabad, 45 in Multan, 24 in Sargodha, 55 in Bahawalpur, 55 in Sahiwal, and 16 in DG Khan division.
But it’s unclear if her statement is a benevolent initiative or a well-meaning effort to reform the legal aid system in the province she governs. Critics argue that it may be political point scoring, no more. Irrespective, her statement raises questions about how and why such a crucial aspect of the legal system has been neglected for so long.
“The legal aid system proposed by her already exists. Rather than ensuring its implementation, she is making statements that seem like political posturing,” says Shabbir Hussain, a criminal lawyer associated with the Asma Jahangir Legal Aid Cell.
Saroop Ijaz, lawyer associated with the Asia Division of the Human Rights Watch, corroborates with Hussain, and adds the legal aid system in Punjab is in crisis.
Hussain adds that the Punjab Bar Council has dedicated free legal aid committees and many non-governmental organisations are providing the service to ‘pauper accused’, mostly women, juvenile and minority community members, “which are mostly driven by the funding received from international donors”. He also refers to the a notification issued by the Punjab Public Prosecution Department on January 12, 2015.
The notification approved defense counsel fees in cases involving pauper accused, ranging from Rs 25,000 for the Supreme Court to Rs 15,000 for magistrate courts. It outlines the legal aid process, where an accused must formally request the court for counsel on the grounds of financial inability. The court will then determine if the accused qualifies as a pauper and provide a list of available lawyers. The accused can select a defense counsel of their choice from this list, which is maintained by the Prosecutor General’s office.
Pointing out the flaws in the current system, Shabbir Hussain emphasized the urgent need to address delays in appointing defense counsel for individuals accused of a crime. “It can take up to six months for a defense lawyer to be appointed, typically only when the sessions court demands evidence of the crime.”
By this stage, he adds, “much has already been lost in the proper framing of charges and the delivery of copies of the challan. To ensure a fair legal process, defense lawyers should be appointed immediately after the arrest of the suspected criminal.
Ijaz believes that defense lawyers are either unavailable or, when available, often lack the necessary expertise. “There’s no structured framework for legal aid in the province; what little is offered depends largely on the benevolence of spirited individuals and NGOs”.
He adds that bar councils have stepped in to provide legal aid to needy prisoners by forming committees, “but even this system doesn’t always involve willing or capable defenders”.
Criminal law experts argue that to truly make a difference, free legal aid must be institutionalised. They say prisoners should be informed about the legal process.
“If a prisoner is fortunate, they might encounter a responsible jail superintendent, but more often than not, this is a rarity. It’s not uncommon for someone to remain in jail for months over minor offenses, like stealing a bicycle, simply because they don’t know how to file an application through a lawyer in a system that seems geared towards punishing the accused,” says Ijaz.
The state taking on legal aid is crucial. A robust legal aid system needs to be established at the trial level to prevent ordinary miscarriages of justice and ensure the system functions effectively. Maryam Nawaz should focus on addressing these gaps and vacancies within the system to bring about meaningful change. Else her effort will go down as political posturing and no more.