Karnataka HC To Examine Scheme Framed By Karnataka State Bar Council For Distributing Rs 5 Crores Among Needy Advocates

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "We direct Karntaka State Bar Council to place a copy of the scheme framed on August 26, on record of this court. As observed in earlier order, 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."

The direction followed after Advocate Anil Kumar appearing for the Advocates Association of Bengaluru raised objections to the scheme. He said "The KSBC circular states that only male advocates are entitled for the amounts. Further, those who are enrolled before 1/01/2010 and should have not crossed the age of 40 years are eligible. They are targeting the age group of 35-40 years. No junior advocate is entitled for the relief. On the previous date of hearing the court had said the scheme must be presented to the court, they have not followed the orders. Thus the scheme is faulty."

Advocate Nataraj G appearing for the KSBC said "On earlier occasion, framed scheme who enrolled subsequent to 1/01/2010. We already paid an amount of Rs 5,000. After this grant, we are streamling those advocates who were enrolled prior to 1/01/2010. Since advocates registered after 1/01/2010, have already got financial assistance therefore this scheme is being framed. Since we are calling upon the advocates register before January 1, 2010, a large number of advocates will make applications." He submitted that he would place the scheme on record of the court for further consideration.

Advocate Chetan Munnoli appearing for the Advocates Association of High Court at Dharwad bench informed the court that "Till now Rs 40,000 has been collected by the association. Many seniors have paid salaries to their clerks during the pandemic, in that view they have not contributed to this cause. However, we will still try to collect some more amount and help the clerks."

The bench in its order said "As observed earlier more amount will have to be collected by the association. Counsel for advocates clerks association at dharwad has stated that he will submit a list of advocate clerks who are not attached to any particular lawyers and have received remuneration from advocates so that those clerks who were paid remuneration will be submitted. After receiving the list of clerks who badly need assistance the association should distribute the amount in a fair and transparent manner."

The state government also informed the court that it has disposed of the representations made by the Belgavi bar association and the Advocates Association at Dharwad. They have been directed to approach the state bar council for seeking financial assistance to its members. It has also not sanctioned a separate amount for Advocates's clerks and has directed the bar council to set apart some amount for needy advocates clerks, out of Rs 5 crore granted for the benefit of Advocates.

The bench said "State to place on record the decision taken to not grant separate amounts to advocate's clerks and decisions taken on representations made by Bar associations, so that the court can examine whether the state has given any reasons."

The court has now posted the matter seeking financial assistance for needy advocate's clerks for further hearing on September 7.

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