THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken up W.P.No.26242/2007 Dt.21-01-2008 P. Narayana Swamy. ..Petitioner V. 1. The Union of India, represented by its Secretary, Ministry of External Affairs, Sastri Bhavan, New Delhi and five others. ..Respondents. THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken up W.P.No.26242/2007 ORAL ORDER (per the Honourable Sri Justice A.Gopal Reddy) A telegram sent by the petitioner to the Honourable Chief Justice dt. 1-12-2007 alleging that UAE Sharja lower court imposed death penalty to six labourers by names B.Yellaiah, V. Mutyam, Pedda Gangaram, A. Rajanna, S.Gangadhar and E. Chinna Gangaram, all belong to Degam village, Nizamabad District, Andhra Pradesh in a murder case and Union of India failed to arrange legal aid to them and due to lack of legal aid to the poor labourers they get death penalty, is treated as a writ petition. In response to the notice issued, the Joint Secretary to Government of India, Head of Ministry of External Affairs, Branch Office at Hyderabad, filed a counter-affidavit on behalf of respondents 1 and 2, wherein it is stated as follows: “ …….. Our Mission in UAE has also confirmed that Court- appointed legal defence will be available to the accused Indian nationals at the appellate stages as well. The Consulate General of India in Dubai has been in constant touch with the concerned local authorities about the arrangements being made by the court to provide legal defence to the accused. We have received information that Ms. Anuradha, a Telugu knowing advocate working for Ibrahim Al Mulla Law firm is defending the aforesaid persons before the court of appeal and the statement of the two accused given death sentence were heard during the first hearing on 6-1-2008 and their statements have been recorded. As per the local laws the defence counsel shall have to submit memorandum of defence stating grounds on which the order of lower court should be rescinded or commuted. 9. It is respectfully submitted that the petitioner Sri Narayana Swamy, in the present writ petition, has sought legal aid to the six migrant workers from Andhra Pradesh for proffering an appeal against the order of the lower court in UAE. As per relevant provisions of the Consular Manual governing situations when Indian Nationals are involved in criminal cases abroad and need legal assistance the Consular Officers are required to take the following steps: (a) To advise the accused to consulate legal practicing lawyers. A list of firms and names of lawyers carrying on professional work is also provided by the Indian Consular Officers. (b) The Consular Officer also has to ascertain whether there is any local provision for legal aid, either free of cost or at a reduced rate, available for Indian Nationals of limited financial means; and (c) If the accused person is without means to pay legal expenses and no free legal aid is admissible, the Consular Officer has to approach the Government of India to contact the relatives and friends of the accused who might be willing to assist. 10. It is respectfully submitted that in this case, the accused persons have received legal assistance during the trial in the Court of First Instance and, as per the information provided by the Indian Mission in Abu Dhabi, Court appointed legal defence, is also available to the accused at the appellate stage as well. On the first date of hearing the appeal, the persons given death sentence were represented by Telugu knowing defence counsel…” Since all necessary measures have been taken by the Union of India for providing necessary legal assistance to the poor labourers, this writ petition does not survive. The writ petition is accordingly dismissed. _________________ A.GOPAL REDDY, J. ________________________ NOOTY RAMAMOHANA RAO, J. Dt.21-01-2008 kmr