The following are the rules for the defence of enrolled persons charged with criminal offences, and prosecuted by Government in criminal courts : -
(a) When enrolled persons are to be tried by a criminal court upon any criminal charges, the Director-General or the Regional Commander shall consult the Chief Metropolitan /Chief Judicial Magistrate and arrange with him for the selection and remuneration of advocate.
(b) Except in cases in which the Central Government are interested, the maximum amount that may be paid to the advocate shall not exceed the amount payable to the Government advocate fixed by the Central Government.
(c) In a joint trial when the Director-General or the Regional Commander is satisfied that the accused require different lines of defence, he may authorise separate payment of fees for each accused so defended.
(d) The Director-General or the Regional Commander as the case may be, shall appoint an advocate only in cases where he thinks desirable. The amount to be paid to advocate shall definitely be settled before hand, subject to the above maximum. If suitable advocate cannot be obtained for the remuneration admissible under these rules the case shall be reported to the Central Government with a view to their orders being obtained thereon.
(e) In High Courts in which advocate may not plead unless instructed by a solicitor, a solicitor may be employed and his bill of costs, which should include advocates fees subject to the restrictions laid down in clause (b) above shall be submitted to the Central Government Advocate and his certificate obtained that the amount of the bill is reasonable before it is submitted for the orders of the Government.
(f) When advocate is rightly provided for the defence of an enrolled person at the first trial in a criminal court, counsel can also be provided when considered necessary on appeal, subject to the limitation laid down in clauses (b) and (d) above.