Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following orders have been issued in regard to employment of pleader for the defence of persons accused of offences punishable with death:— (1) In all confirmation cases, Appeals from acquittals and enhancement proceedings in which any person is liable to be sentenced to death the presided shall be informed by the trial Court that, unless he intends to make his own arrangement for legal assistance, the higher Court will engage a pleader at the Government expense to appear before it on his behalf if it is ascertained that he does not intend to engage a pleader at his own expense, a pleader shall be engaged by the higher Court concerned to undertake the defence, and his remuneration shall be paid by the Government. (2) The fee of the pleader for the defence will be, on the appellate side of the High Court, on the same scale as is laid down in the Law Officer's Rules for the Government Pleader or the Public Prosecutor appearing for the prosecution in such cases. Such fee will be calculated according to the number of the accused persons for whom the pleader is engaged. (3) The pleader should always be appointed in sufficient time to enable him to take copies of the depositions and other necessary papers which should be furnished free of costs before the commencement of the trial. He should also be allowed to make copies of the depositions of witnesses and other necessary papers during the trial in sessions case without charging any fees, if he applies for the same. If after the appointment of such pleader, the accused appoints another pleader, the pleader appointed by the Court may still in the discretion of the Court, be allowed his fee for the case and the copies already prepared will be available upon payment for the use of the pleader privately appointed by the accused. (4) In those Sessions Courts in which the District Public Prosecutors have an establishment of one or more copyists under them, the copies required by the pleader for the defence should be prepared by those copyists under the orders of the District Public Prosecutors. If in urgent cases this is found impossible, the District Public Prosecutor is authorised to employ temporarily an extra copyist, or, if that is not possible, to obtain the necessary copies from the Court's Sectioniers and in such instance, the District Public Prosecutors endeavors shall report the circumstances and the cause of emergency to the Remembrancer of Legal Affairs. In the case of District Public Prosecutors, who have no copying Clerks under them, the copies needed for the pleader for the defence must be obtained by the Public Prosecutors, in the same way in which they obtain copies for themselves namely, through the Court's Sectioniers and they should charge for such copies in their monthly bills, which are sent to the Remembrancer of Legal Affairs for countersignature. In small cases, the District Government Pleader might often be able to save the expense of a double set of copies by allowing the pleader for the accused to use his own copies. (5) The fee chargeable under the Court Fees Act, VII of 1870, on the copies have been remitted by the Government of India.