The Karnataka High Court refused to issue direction to Central and State Government to release the amounts for providing financial assistance to people in the legal profession, stating that it’s a matter of policy and needs to be decided by the Government.
The Court said Both BCI and the State Bar Council are at liberty to approach the government for seeking necessary financial assistance, and the Government will be bound to decide the matter, as expeditiously as possible.
Due to the initial closure of the Courts and subsequent partial resumption of the Court work, the members of the legal fraternity have not been getting income. A writ petition was filed by a member of the Bar praying for the following direction:
- Direction to the Bar Council of India Advocates Welfare Fund Committee to provide ex-gratia payment of an amount of Rs.50,000 to each member and advocate on the roll of Karnataka State Bar Council (KSBC) who are facing financial hardship, except the advocates who have enrolled after the age of 40 years.
- Direction to the State Government and the Central Government to immediately release sufficient fund of Rs.50,00,00,000 to KSBC to enable it to provide financial assistance to the advocates who are members of the Welfare Fund, at the earliest.
- Direction to KSBC to release a sum of Rs.10,00,00,000 out of the BCI Welfare Fund and Bar Council of India Trust.
- Direction to Bar Council to release a sum of Rs.25,00,00,000/- out of Karnataka State Advocates Welfare Fund immediately.
The petitioners submitted that the KSBC cannot restrict the aid only to those advocates who have a practice of less than ten years, and the relief has to be extended to all those advocates who are in distress and who have completed more than ten years of practice. The High Court of Uttarakhand, constituted a Committee under the leadership of the Advocate General of the State, and a similar direction can be issued to release the funds out of Karnataka State Advocates Welfare Fund, as it is the money of the members of the Bar.
The Court noted that the petitioners have raised an objection to one of the conditions stated in the letter dated 6th April, 2020 issued by KSBC to the Presidents and Secretaries of the Bar Associations which stated that that those who have entered the profession after the age of 40 years are not entitled to financial assistance.
The Counsel on behalf of the BCI stated that if more than one member of the Bar is affected by a calamity, there is an upper limit of Rs.1,00,000 on the release of the fund, and a sum of Rs.45,00,000 has been released by BCI to KSBC for rendering assistance to the needy advocates.
The Court noted that the Karnataka State Advocates Welfare Fund was established under the Karnataka State Advocates Welfare Fund Act, 1983 and the reliefs which can be granted to the members of the Fund are governed by that said Act. A relief can be granted to the advocates only on cessation of practice as provided under Section 16 of the said Act of 1983, and therefore if assistance is to be granted to the members of the Fund for dealing with a situation arising due to spread of COVID- 19, the State Government will have to amend that act, and the petitioners can make a representation for the same. According to the Act, the State Bar Council is empowered to constitute one or more Funds for the benefit of the members of the Bar, which will be governed by the Advocates Act and the Rules.
The Court noted that it is a matter of policy for the State as well as Central Governments to take a decision of utilization of the limited resources available with both the Governments and the priorities for the use of those available resources.
Therefore, a writ of mandamus directing them to release the amounts cannot be issued. Both BCI and KSBC can however approach the State or Central Government for seeking necessary financial assistance, and when such applications are made both the Governments will be bound to decide the same as expeditiously as possible.
The Court refused to direct the formation of a Committee and stated that, KSBC will have to appeal to the senior members of the Bar to make donations to extend the relief to those needy advocates who have put in more than ten years of practice and the amount so collected can be utilized for extending the benefit to other members of the Bar who are not covered by the scheme which is being implemented by KSBC.
The Court also noted that both the BCI and KSBC should make all possible efforts to generate more and more funds and when sufficient funds are generated, KSBC can take a decision to extend the scheme even to those advocates who do not satisfy the criterion laid down in its official letter.
-India Legal Bureau