The High Court of Uttarakhand on Thursday has directed the Principal Secretary (Finance), Government of Uttarakhand to take a decision on the recommendation made by the Law Secretary-cum-L.R., Government of Uttarakhand on financial assistance to indigent lawyers.
The matter was heard by Justice Manoj K. Tiwari and Justcie Sharad Kumar Sharma with respect to the PIL filed seeking directions on financial assistance to the needy Lawyers in the state of Uttarakhand, whereas learned Advocate General with Deputy Advocate General, Standing Counsel, and Brief Holder were present on the behalf of Respondent State of Uttarakhand.
During the proceedings conducted through video conferencing, learned counsel appearing on the behalf of Bar Council of Uttarakhand informed the court that Law Secretary-cum-L.R., Government of Uttarakhand has recommended to the Finance Department, Government of Uttarakhand for disbursement of the amount collected under sub-section (2) of Section 3 of U.P. Advocates Welfare Fund Act, 1974 which is to be read with U.P. Act No. 3 of 1999 and said that the Finance Department, Government of Uttarakhand has to take a decision on the said recommendation.
Ld. Advocate General of State of Uttarakhand disputed what was said by the Ld. Counsel of Bar Council of Uttarakhand, thereafter on the information so provided by the Ld. Counsel of Bar Council of Uttarakhand, the court made the following directions: –
1. Having regard to the difficulty faced by the young lawyers of the State of Uttarakhand due to lockdown, we direct the Principal Secretary (Finance), Government of Uttarakhand to take a decision on the recommendation made by the Law Secretary-cum-L.R., Government of Uttarakhand positively by 27.04.2020 so that the Bar Council of Uttarakhand may be able to provide financial assistance to indigent lawyers.
2. In the meantime, Bar Council of Uttarakhand shall approach the Bar Council of India for financial assistance, including assistance out of the fund created under Rule 40 read with Rule 41 of Bar Council of India Rules, within 24 hours.
3. The Bar Council of India shall consider the request made by Bar Council of Uttarakhand and take appropriate decision thereupon on or before 27.04.2020.
4. The Bar Council of India as well as Bar Council of Uttarakhand shall file their response to the Writ Petition (PIL), by 27.04.2020.
The matter would now be heard on 28th April, 2020.
–India Legal Bureau