Judgement On July 27, 1936, the petitioner, Mangal Singh, was granted special leave to appeal to His Majesty in Council against the judgment of the High Court at Lahore (April 27, 1936) confirming the conviction of murder and sentence of death passed on him by the Court of Sessions Judge of Montgomery on February 13, 1936. By his present petition the petitioner, who was in custody at the Central Jail, Montgomery, stated that he was not worth 25l. in the World besides his wearing apparel, and he asked for leave to prosecute Law. Rep. 64 Ind. App. 75 ( 1936- 1937) Mangal Singh V. King-Emperor 2 and proceed with his appeal in forma pauperis; that the fees normally payable on the appeal and this petition should be remitted; and that the India Office might provide for the expenses of binding the Record and printing the Case, and for the fees of counsel and solicitor to prosecute the appeal. Rashid for the petitioner. This is a petition for legal aid. Wattach for the respondent. There is no dispute that the petitioner is a pauper, and the India Office are prepared to pay for the printing and binding of the Record and also of the petitioners Case, but are not prepared to pay for his counsel and solicitor in the appeal. LORD THANKERTON drew the attention of counsel for the petitioner to r. 81 of the Judicial Committee Rules, which provides that " Where the Judicial Committee directs costs to be taxed on the pauper scale, the Taxing Officer shall not allow any fees of counsel, and shall only award to the agents out-of-pocket expenses and a reasonable allowance to cover office expenses, ....," and said that he seemed to be flying straight in the teeth of that rule. The petitioners proposal was a novel one to him (his Lordship) and he was afraid that it was not a competent proposal; at any rate, it was a most unusual one. The petitioner was asking for indulgence to appeal as a pauper and he wished to employ counsel at somebody elses expense. Rashid. This is a capital case—a question of life or death. In this country (England) the Court of Criminal Appeal allow legal aid to prisoners. LORD THANKERTON. There is a statutory provision for that. I am afraid that you are asking for an order which this Board cannot possibly pronounce.
Rashid. This is a capital case—a question of life or death. In this country (England) the Court of Criminal Appeal allow legal aid to prisoners. LORD THANKERTON. There is a statutory provision for that. I am afraid that you are asking for an order which this Board cannot possibly pronounce. With the exception of the point as to the fees of counsel and solicitor the petition will be granted.