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Ernakulam Bar Association Moves Kerala High Court For Publication Of Expert Committee's Interim Report Proposing Hike In Court Fees
Tellmy Jolly
22 Jun 2024 3:00 AM GMT
The Ernakulam Bar Association has moved the Kerala High Court seeking publication of the interim report submitted by Justice VK Mohanan led Expert Committee which formed the basis for proposing revisions to court fees during the 2024 Kerala budget. The proposal includes a 5% increase in court fees for cheque cases under the Negotiable Instruments Act, as well as the introduction of court fees...
The Ernakulam Bar Association has moved the Kerala High Court seeking publication of the interim report submitted by Justice VK Mohanan led Expert Committee which formed the basis for proposing revisions to court fees during the 2024 Kerala budget. The proposal includes a 5% increase in court fees for cheque cases under the Negotiable Instruments Act, as well as the introduction of court fees for Family Court petitions.
A bench of Justice TR Ravi admitted the matter and enquired whether the interim report has been published. It has sought instructions from the Government Pleader in this regard.
“The Government Pleader to get instructions as to whether the interim report which is stated to be the basis for the amendment of the law relating to the court fees had been published at any point of time and if so, a copy shall be made available,” the order read.
The plea stated that the Expert Committee did not publish their interim report even on the Law and Tax Department's website. It was stated that the Expert Committee decided to conduct public hearings to get opinions, suggestions and statistics from various stakeholders and official sources like Registry of the High Court, statutory bodies, judicial and quasi-judicial authorities, representatives of the Bar Association and lawyer organizations regarding the revision of court fees. The plea stated that opinions cannot be rendered effectively without seeing the interim report.
The plea added that hike in court fees would affect the litigant public who are being represented by the advocates and thus copy of interim report was essential for giving their opinions during the Public Hearing.
The plea further stated that reports affecting the public should have been published as per the Right to Information Act, 2005. It is submitted that the interim report was not published despite submitting representations before the Principal Secretary of the Law Department. The plea said, “The procedure adopted by the 2nd respondent (Principal Secretary of the Law Department) in permitting the public authority under the Right to Information Act, 2005 to suppress the interim report from the citizens is illegal and unwarranted.”
The petitioner-Association has thus sought a direction to the Principal Secretary of the Law Department to publish the interim report submitted by the Expert Committee.
The matter has been posted to July 24.
The plea has been moved by Advocates Ashik K. Mohamed Ali, John Numpeli, Muhammed Rifa P.M., Gayathri Ashish Nair, Salman Faris, Ehlas Haleema C.K.
Case Title: The Ernakulam Bar Association v State of Kerala and Others
Case Number: WP(C) 21910/2024
Click here to read/download the Order
