TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 130

(c) Such a petitioner and his advisers shall be informed that solicitors in England are under no obligation to act in a case in forma pauperis. The solicitor instructed by them must be instructed by air mail and be required to inform the Assistant Solicitor, India Office, in writing, whether he intends to act or not. If the India Office receives no such consent, or receives intimation that the solicitor instructed is unable to act, the Provincial Government will be informed by telegram and the execution will not be further delayed.

NOTE. During the present war a petitioner furnishing under Instruction XII (a) proof of despatch of the affidavit or affirmation accompanied by certificate of counsel, shall, in order to provide against the possible loss of the original in transit, at the same time supply the Provincial Government with a duplicate of such affidavit or affirmation and with a duplicate of such certificate and, where the affidavit or affirmation is in the vernacular, a duplicate of a translation of that document verified by affidavit or affirmation of the person making the translation. The Provincial Government shall despatch by the first available air mail a certified copy of such duplicates to the Legal Adviser at the India Office.

XIII. In every case where the India Office has been informed of the postponement of execution of a sentence owing to the convict's intention to apply to the Privy Council for special leave to appeal, the India Office must also be informed in due course by telegram that the sentence has been carried out of has been commuted, as the case may be.

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7/44 (3763M) WI. 343474707 80 10/44 D.L. 0.371

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