President Asif Ali Zardari on Thursday promulgated an Ordinance to provide free legal aid in criminal cases to persons in need through a network of Public Defender Offices to be set up in each district and tehsil of the country. The Ordinance called the Public Defender and Legal Aid Ordinance-2009 (PDLAO-2009) comes into force with immediate effect.
Under the Ordinance any person desirous of seeking legal assistance can do so through a simple application to the government or a court may also direct that free legal assistance be provided to any aggrieved person that may come to its notice.
The Ordinance provides for setting up the office of Public Defender and Legal Aid Office consisting of Chief Public Defender, Additional Chiefs Public Defenders, District Public Defender and the Public Defender. The Public Defender will be required to represent an aggrieved person in a court and to provide him free legal assistance or advice in criminal cases.
Chief Public Defender shall be a person of high prominence who has not less than fifteen years practice in the Supreme Court or High Court, according to the Ordinance. The public defender services will be available at the district and Tehsil levels. Free legal assistance or advice, can be given on an application to the Government by the indigent person or on direction by the Government or the court.
Application by the indigent person shall be accompanied by an affidavit but not further inquiry shall be made in this regard. The Chief Public Defenders shall submit annual report of its performance to the Government and the Government shall place the same before the National Assembly. The new law is a major step forward towards the goal of building a true welfare state in which no one is denied access to justice because he or she can't afford.