(a)In cases in which an accused is called on by High Court to show cause why a lesser sentence should not be enhanced to a sentence of death, the Senior Government Advocate will inform the Legal Remembrancer who will communicate with the District Magistrate concerned, and ascertain whether the accused will be able to defend himself in the High Court or not. If the accused was defended as a pauper at State expense in the Sessions Court, he will obviously require to be similarly defended before the High Court. But cases may arise when the accused defended himself at his own expense in the Lower Court, and yet may be too poor to meet the cost of his defence in the High Court. In such cases enquiries will be made by the Magistrate before submitting his reports to the Legal Remembrancer. If the District Magistrate reports that the accused had not enough means to defend himself in the High Court, the Legal Remembrancer, will engage counsel for the accused and supply him with copies of charges, depositions and exhibits prepared for the Government Counsel.When the High Court of their own motion or at the instance of a private party issue a rule of this kind, it is anticipated that a notice will be served on the Legal Remembrancer to enable him, if necessary, to make arrangements for the defence of the accused.(b)In regard to cases where a sentence of death is referred by a Court of Sessions to the High Court for confirmation under the provision of section 374, Criminal Procedure Code, procedure similar to that described in paragraph (a) above will be followed. The Court of Sessions will, when submitting the case to the High Court, send intimation to the District Magistrate, who will inform the Legal Remembrancer, whether accused has means to defend himself at the reference.(c)An accused in all these cases shall be informed of the arrangements made in his behalf.
