Gujarat High Court Criminal Manual (subordinate court practice), 1977
The Government of Gujarat, vide Legal Department Resolution No. LAC-1070-D, dated 1st November, 1972, decided that the persons eligible to the legal aid under Resolutions No. LAC-1970-D, dated 31st January, 1972 and 18th May, 1972, should also be given the legal advice. By the said Resolution, the scheme was applied to the talukas in the State of Gujarat. By the said Resolution, the Government also decided that the legal advice will be granted in the entire State of Gujarat to all members of defence personnel, (i. e. Soldiers, Sailors and Airmen) domiciled in the State of Gujarat. By Resolution No. LAC/107 1/D, dated 10th July, 1973, the Government has widened the scope of the scheme of legal advice and has extended it to other classes of persons also. The scheme provides for the legal advice to the persons who have income less than Rs. 2400/- per annum and immovable property loss than Rs. 5,000/- in value and to the widows of Jiawans, Ex-servicemen having income upto Rs. 2400/- per annum, Bhangis and Scavengora and unorganised labourers whose income is less than Rs. 2400/- per annum. The said scheme provides for the legal advice to the above referred classes of persons in connection with the institution or defence of proceedings in civil, criminal, revenue, labour and other courts or tribunals, not only at the taluka level but also at the District level and even at the higher level, i. e. for instituting and defending proceedings in courts or tribunals to which appeals, revisions, references or applications may lie from the decision, judgment, decree or order etc., of the courts or tribunals at the taluka and district levels. The question of eligibility of giving the legal advice at the District level and at the higher level is to be decided by the concerned District Legal Aid Committee or the High Court Legal Aid Committee, as the case may be. At the taluka level the question of eligibility of giving legal advice is to be decided by the Taluka Legal Aid Committee. The above referred persons are entitled to the legal advice in criminal cases and, therefore, the Magistrates and Judges should direct the persons who are eligible for the legal advice to the Legal Aid Committee and should see that the benefit of the said scheme is properly taken by the persons for whom the scheme is framed.