[Interest Free Loans For Lawyers] SC Asks Association To File Affidavit Detailing Credentials

The Supreme Court on Thursday asked the Supreme Court Arguing Counsel Association seeking interest free loans for lawyer of upto 20 lacs, to file a detailed affidavit regarding its credentials.

A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun asked the Association's counsel, how old the Association was and what its credentials were.

The plea states that the Association consists of legal practitioners from across the country who are facing financial crisis in light of the pandemic situation.

"The Petitioners are the real brief holder of the cases in this Hon'ble Court. They are coming from across the country and started practice, after purchasing his office and house. They are taken loan for own office and houses. In the present pandemic situation normal work of the courts are suspended from the last 6 month and further there is no chances to start the work smoothly, Consequently, Petitioners are unable to pay the monthly instalment of the loan amount of their office and housing loan, therefore petitioner seeks indulgent of this Hon'ble Court for Mandamus direction against the Respondent to give relaxation in payment of monthly instalment as well as for the direction to the respondent to give interest free loan upto 20 Lacs" - Excerpt of Plea

Additionally, the instant plea has sought directions against the Respondent to waive off the interest on the loan taken by the members of petitioner-association.

Further to this, the petitioner has stated that in lights of "Speedy Trial" and "Fair Trail", it is necessary to keep trained advocates in the profession, so that speedy trial has been recognised as an inherent and implicit aspect in the spectrum of Article 21 of the Constitution.

The plea states,

"The whole purpose of speedy trial is intended to avoid oppression and prevent delay. It is a sacrosanct obligation of all concerned with the justice dispensation system to see that the administration of justice delivery system becomes effective, vibrant and meaningful and trained Advocates are the strength of this speedy trial"  

Apropos this, the plea states that the petitioners are advocates and are an essential part of the justice delivery system and if they are unable to survive during the pandemic, then rights of the Litigant Under article 22(1) of the Constitution of India also violated. 

Plea has been filed by Advocate Varinder Kumar Sharma.

Advocate Pareena Swarup appeared before top court today.

Read the Order Here