Allahabad HC Seeks Report On Scheme Prepared By BCI & State Bar Council To Provide Financial Assistance To Advocates In Distress [Read Order]

The direction was made by a division bench of Chief Justice Govind Mathur and Justice Siddhartha Varma while hearing of a case registered suo moto- In Re: Assistance To The Needy Advocates And Registered Advocate Clerks.

When the court had first taken cognizance of the issue, it had called upon the Bar Council of India, Bar Council of Uttar Pradesh, UP Law Ministry, Allahabad High Court Bar Association, Allahabad High Court Advocate's Association, and the Awadh Bar Association, to explain the steps taken by them to assist the needy Advocates.

During the course of hearing via video conferencing today, the state government informed the bench that sufficient provisions had been made for creating a Fund that may be utilized to support the needy Advocates.

"Under Rules 40, 41, 42, 43, 44, 44A and 44B of Part VI of "The Bar Council of India Rules", sufficient provisions had been made for creating a corpus of funds and for their distribution amongst Advocates in times of need," the court was informed.

Pertinently, the above mentioned BCI Rules provide for constitution of a "Bar Council of India Advocates Welfare Committee" and a "Bar Council of India Advocates Welfare Committee for the State" that are responsible for implementation of the Welfare Schemes approved by the Bar Council of India.

Specifically, Rule 44B provides for formulation of a scheme for financial assistance to State Bar Councils during natural calamity, etc.

The state's submissions were supported by the Additional Advocate General who submitted that the Bar Council of India as also the State Bar Councils had sufficient funds to cater to the present circumstances.

He submitted that the State Government had transferred the money which had been collected by it through the Stamp for the welfare of the Advocates to the Treasury in the State of U.P. for it to be transferred to the relevant accounts.

Taking note of these submissions, the High Court has now asked the BCI and the UP State Bar Council to submit a report detailing the modalities of the scheme as aforementioned.

"we direct, the Bar Council of India and the Uttar Pradesh Bar Council to produce before the Court through e-mail, the definite procedure by which they have brought into effect the provisions of Rules 44A and 44B of the Bar Council of India Rules contained in Chapter VI. We also expect that the representatives of the Allahabad High Court Bar Association and the Bar Council of India would appear through videoconferencing on the next date and shall also produce before us the schemes which they might have formulated in the meantime," the court ordered.

Inter alia, the court was informed that the Awadh Bar Association had already implemented a temporary scheme for disbursement of certain amounts to lawyers who required financial assistance.

As for the next date of hearing scheduled for April 20, the court has asked the representatives of the Allahabad High Court Bar Association and the Bar Council of India to appear through videoconferencing and produce the schemes which they might have formulated in the meantime.

Case Details:

Case Title: In Re - Assistance To The Needy Advocates And Registered Advocate Clerks

Case No.: PIL 569/2020

Quorum: Chief Justice Govind Mathur and Justice Siddhartha Varma

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