pursuing DLSA application from abroad, family/friend cant represent me

983 votes

Hi there, in order to help you I will need details regarding the case you are trying to file and your job profile in Dubai. There are cases where physical representation is necessary but can be waived off by the judge upon request of the lawyer. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

652 votes

You just need to sign the vakalatnama that will give your counsel the authority to act on your behalf. And as far as the physical presence is needed that will also be handled as the court here also works through VC. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

714 votes

Since you are currently based in Dubai and have already resubmitted your application to the District Legal Services Authority (DLSA) with all supporting documents for both the civil money recovery and criminal complaint, it is understandable that you are facing difficulty in attending physically. The DLSA’s requirement for personal presence is usually procedural, to verify the applicant’s identity, consent, and grievance before assigning a panel lawyer or forwarding the matter for further action. However, in genuine cases where the applicant is abroad or medically unable to appear, the DLSA can permit representation through proper authorization or accept verification through alternate means. In your situation, you should immediately write a formal representation to the concerned DLSA, explaining that you are residing abroad for employment purposes and cannot appear in person. Attach a self-attested copy of your passport and visa, and request that the verification process be completed through either a video conference or submission of a notarized authorization letter executed before the Indian Embassy or Consulate in Dubai. The letter should also authorize DLSA to proceed with assigning a lawyer on your behalf. If you are filing both civil and criminal complaints, mention clearly in your application that you have already submitted all documentary evidence, including documents to be retrieved from the National Human Rights Commission (NHRC), and that you are willing to cooperate fully online or through your appointed counsel once the lawyer is assigned. Request DLSA to treat this as a special case and proceed with assigning a panel advocate for filing the necessary suits and complaints in your absence, as permitted under Section 12 of the Legal Services Authorities Act, 1987, which ensures that inability to appear personally should not deprive a person of legal aid. If DLSA insists on physical appearance despite your representation, you can approach the State Legal Services Authority (SLSA) or the Member Secretary of the DLSA through email or registered post, requesting exemption from personal appearance. In exceptional cases, you can also send an authorized representative with a notarized Power of Attorney or a letter of authority countersigned by the Indian Consulate. Once the DLSA assigns a lawyer, all filings for civil recovery and criminal complaint can be handled by that advocate. You should keep scanned copies of your documents ready so they can be filed with your digital signature or a notarized affidavit. The DLSA generally allows legal aid counsel to proceed after proper verification of the applicant’s identity and consent, even if they are residing abroad. In summary, submit a written request explaining your inability to attend in person, enclose proof of residence abroad, and request either virtual verification or embassy attestation of your identity and consent. The DLSA has the power to proceed on this basis and assign counsel to represent you. If the DLSA does not respond or continues to insist on your presence, escalate the matter to the State Legal Services Authority or the National Legal Services Authority (NALSA) through an online grievance, citing your right to access legal aid despite being outside India. This approach will ensure that your cases can proceed lawfully without delay or personal travel.

Advocate Yuganshu Sharma LawRato