Jabalpur (Madhya Pradesh): The High Court has ordered that contractual employees’ Legal Aid Defence Counsels (LADCs) working in various districts will get extension on basis of evaluation of their work as per Modified Scheme 2022 and not SOP framed by the MPSLSA.
With this direction, the court quashed the special operating procedure (SOP) framed by the MP State Legal Services Authority (MPSLSA) on August 6, for it is contrary to the scheme framed by National Legal Services Authority.
The Legal Aid Defence Counsels (LADCs) are appointed on contractual basis for two years under Modified Scheme 2022 in various districts across Madhya Pradesh including Shahdol, Anuppur, Khargone, Neemuch, Burhanpur and Mandsaur.
As per the scheme, these counsels provide legal services to accused convicts, those at pre-arrest remand, trial and appellate stage in criminal matters. A division bench of Justice Vishal Dhagat and Justice Anuradha Shukla observed ‘the contract cannot be modified by introducing SOP’.
The Modified Scheme 2022 does not provide for fresh selection after completion of two years of retainership but provides for extension on basis of evaluation of work of LADC, the court said.
These counsels appointed as per the Modified Scheme of 2022, shall continue to work on their posts of appointment on contractual basis. The work done by them shall be reviewed in accordance with scheme and if their work is found unsatisfactory, then District Legal Services Authority (DLSA) and MPSLSA can take action accordingly. The court allowed the bunch of petitions filed by some LADCs challenging the SOP framed by the MPSLSA.
