A lawyer practicing in Punjab and Haryana High Court has written an email to Advocate General, Haryana, Advocate General Punjab, Senior Standing Counsel Union Territory Chandigarh and to the Chairman, Bar Council of Punjab & Haryana, requesting to provide financial help to the Advocates of Punjab, Haryana and UT of Chandigarh and enrolled with the Bar Council of Punjab and Haryana.
It was mentioned in the email by Advocate Harinder Pal Singh Ishar that he is enrolled with Punjab and Haryana Bar Council and practicing as an Advocate in Punjab and Haryana High Court since 2005. He is also member of Punjab Advocate Welfare Fund but after making payment of enrolment fee, he is unaware about any action taken by Trustee committee formed under the Advocate Welfare Fund Act, 2001. The trustee committees are supposed to provide financial help to the Advocates in need, in case of death, major ailment or surgery. Advocate has been informed that large number of applications are pending as Advocate General of Punjab and Haryana have not convened meetings.
Since, March 2020, Courts are not working due to global pandemic of coronavirus. It is unprecedented situation where large number of Advocates, their clerks and steno typists are left with no source of income. Not everyone in the profession is having sufficient sources to maintain the family and thereafter, large number of Advocates, who were managing family affairs with day to day income are on verge of starvation. While Government is providing help to needy persons, such Advocates are not in position to ask for help so as to maintain dignity of their profession.
We are contributing in Advocates Welfare Fund by affixing stamp of Rs. 25 on the power of Attorneys. Approximately, 50,000 Rs. per day is contributed in Advocates Welfare Fund by Advocates filing the petition. Thousand of cases are filed daily in various District Courts in Punjab and Haryana and the annual contribution would be in multi Crores. Thus, huge corpus has been created with trustee Committees.
It is pertinent to mention that even State Bar Council is bound to contribute 20% of its income received from the enrolment fee with the trustee Committees. However, till date trustee committees have not come forward for providing financial help to Advocates in need.As per S.11 of 2001 Act, it is function of trustee Committee to receive application of fund grant by members. Section 24 (e) and (f) of the Act empower trustee committee to take decision regarding providing funds which is wide enough to include funds to needy Advocates.
It was also mentioned that in Kerala, NCT Delhi, Rajasthan and Telangana, State Bar Councils, High Court Bar Associations and Government has come out to help needy Advocates. SCBA has also come forward with scheme to provide financial help. Therefore, it is requested that such a scheme be prepared her also to help needy Advocates and their clerical staff so that they may survive in this pandemic.
-India Legal Bureau