CM Advocate Welfare Policy: Delhi High Court Rejects NIACL's Demand For Additional Premium To 557 Advocates Not Forming Part Of Original List

Observing that the issue was created due to lack of proper verification of the Delhi Bar Council, the Delhi High Court on Tuesday rejected the demand of New India Assurance Company Limited (NIACL) demanding additional premium for 557 advocates who were not part of the original list of 29,007 advocates as there was no payment made to them.

A single judge bench comprising of Justice Pratibha M Singh ordered thus:

"It is in respect of these 557 advocates that NIACL is demanding additional premium as no payment has been made in respect of these advocates. This issue has been created due to the lack of proper verification by the BCD. Since the arguments in these petitions are on the verge of conclusion, insofar as any additional premium amount is concerned, at this stage, no additional premium is being directed to be paid, considering the fact that a substantial amount of lawyers are according to the GNCTD already found to be ineligible, which would be subject to further orders to be passed by this Court."

The development came after the Court on Monday asked New India Assurance Company Limited (NIACL) to submit a status report giving the number of lawyers to whom policies have been issued and whose names are found as ineligible by the Government of NCT of Delhi.

Pursuing the previous orders passed by the Court in the matter, the Court observed that since there was a delay in the verification of the advocates, ecards were directed to be issued to all 29077 advocates, subject to their verification. The Court also noted that according to the GNCTD and the BCD, 5,044 advocates are ineligible as per the current criteria.

The Court was apprised by NIACL that all the lawyers who who have raised claims till now are the lawyers who are verified and found to be eligible.

It was concluded that a total of 24,033 advocates who are duly verified as per the current eligibility criteria of enrolment with the Bar Council of Delhi and have voter ID cards of Delhi. Furthermore, 5,044 advocates who are enrolled with the Bar Council of Delhi but are otherwise ineligible as per the GNCTD.

On the aspect of these 557 advocates, it was found that they were not part of the original list of 29077 advocates and policies/e-cards are yet to be issued to them.

In view of this, the Court turned down the request of additional premium to be paid to these 557 advocates considering that "a substantial amount of lawyers are according to the GNCTD already found to be ineligible" which would be subject to further orders passed by the Court.

Furthermore, the Court had on Monday sought Delhi Government's response as to whether a meeting can be arranged between the Senior Advocates and counsels for the Petitioners and the Chief Minister to resolve the issue concerned.

In view of the aforesaid, it was submitted by Senior Advocate Rahul Mehra appearing for GNCTD that such a meeting would not be possible.

"List for sur-rejoinder submissions by ld. counsel for the GNCTD on 4th June, 2021." The Court ordered.

Title: Govind Swaroop Chaturvedi v. State of NCT of Delhi & Ors.

Click Here To Read Order