Karnataka HC Issues Notice On Lawyers' PIL Challenging State Bar Council Conditions In Financial Aid Scheme

The Association has sought to quash and set aside the scheme framed on August 26, by the State Bar Council stating that discriminatory conditions were imposed for the lawyers seeking financial assistance. Under the said scheme lady advocates, lawyers above 40 years of age and those enrolled after January 1, 2010 are not eligible for seeking financial assistance.

The plea also seeks for directions to the state government to consider the representations made by the association on May 12 and June 22, seeking to release a sum of Rs 100 crore as a package to help the lawyers community in the state.

Further, it seeks to quash the order passed by the government on August 20, in so far as it relates to the wording "The Bar Council consisting of advocates may use a part of the amount to assist the advocates clerks and the government cannot consider the representations of the bar Councils of other districts and provide separate financial assistance to the advocates clerks."

It may be noted that on August 4, the court had directed the state government to consider and take a decision by August 19, on a representation made by the Belgavi Bar Association, seeking that a loan of upto Rs 5 lakh be extended to members of the bar who are in financial distress, due to limited functioning of courts. The representation made by the Advocate Association at Dharwad and Bengaluru, seeking financial assistance were also to be considered.

The plea filed through Advocate Anil Kumar states that the state government has without reasoning and without applying its mind hastily disposed of the representations without considering the plight of lawyers.

The petition mentions that the State of Andhra Pradesh has announced a package of Rs.100 crores for its lawyers and already Rs 25 core has been released. Likewise other state governments across the country have considered the difficulties faced by their lawyers in their state.

The State Bar Council has defended its scheme before the court by saying that on an earlier occasion the scheme was framed for advocates who were enrolled subsequent to 1/01/2010. An amount of Rs 5,000 has been paid to them. After this grant, streaming of those advocates who were enrolled prior to 1/01/2010 is being done. Since advocates registered after 1/01/2010, have already got financial assistance therefore this scheme excludes them."

The court has in its order dated September 2, said the scheme has to be a fair and transparent scheme, considering the fact that the amount of Rs 5 crore transferred by the government constitutes public money. Additional Advocate General (AAG) is also directed to address the court on the nature of the scheme.

On Tuesday, the State Bar Council informed the court that 1163 applications received from advocates were rejected while 7844 applications were sanctioned and an amount of Rs 3,29,20,000 has been disbursed to the needy advocates out of the state grant.

The court has now posted the matter for further hearing on September 28.

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