Existing LADC engagements protected from creation of third-party rights; matter to be heard with connected proceedings
NEW DELHI, SEPTEMBER 26: The Supreme Court has sought a response on a petition challenging the proposed non-renewal of Legal Aid Defence Counsels (LADCs) in Jammu and Kashmir and their replacement with a panel-lawyer arrangement.
A Bench comprising Justice M.M. Sundresh and Justice Prasanna B. Varale issued notice on the plea and directed that no third-party rights be created in relation to the engagement of the existing Legal Aid Defence Counsels.
The Court further observed that the existing engagements would remain subject to its further orders and directed that the matter be tagged with connected proceedings.
The petition challenges the proposed discontinuation of the present LADC engagements following completion of their contractual tenure. It also questions the subsequent process involving selection and interviews for appointment of lawyers under the proposed panel system.
The petitioners have sought continuation of the existing LADC framework and the counsels presently engaged under it, including continuation up to March/April 2027. They have also sought consideration of further continuation on the basis of factors including professional performance, availability of funds and directions/instructions issued by the National Legal Services Authority (NALSA).
The plea has raised concerns over the proposed transition from the existing LADC arrangement to a panel-lawyer system and seeks appropriate directions regarding the continuation of legal aid defence services in Jammu and Kashmir.
The Supreme Court’s September 18 order, however, does not constitute a final determination on the legality of replacing the LADC system with a panel-lawyer arrangement.
At this stage, the Court has confined its intervention to issuing notice and directing that no third-party rights be created in respect of the existing engagements until further orders.
The matter will now come up for further consideration along with the connected proceedings.(KNC)
