[Breaking] Financial Aid For Advocates Amid COVID19: Supreme Court Transfers To Itself Petitions Pending In High Courts

The Supreme Court on Monday transferred to itself petitions pending in different High Courts seeking financial aid to advocates on account of COVID-19 situation. 

A bench comprising Chief Justice of India S A Bobde, Justices AS Bopanna and V Ramasubramanian ordered the transfer.

In the proceedings on Monday, there was a confusion as to whether the petition in the Madras High Court on the matter was diposed of or not.

Senior Advocate Dr AG Chelliah, the petitioner before the Madras High Court, told the bench that the matter was disposed of by the HC last July. However, Senior Advocate Manan Kumar Mishra, Chairman of the Bar Council of Inida, disputed this claim and said that the case is still pending in the High Court.

The CJI-led bench ultimately proceeded to order the transfer of the Madars HC case as well. When Dr Chelliah protested, the CJI said that the status of the case will be clear when the HC submits its office report.

It was on July 22 that the Supreme Court took suo moto cognizance of the financial difficulties of advocates on account of COVID-19 pandemic and issued notices to the Bar Council of India, State Bar Councils, Registrar Generals of High Courts and recognized bar associations(In Re : Financial aid for members of bar affected by pandemic).

Few weeks earlier, the Bar Council of India had filed a writ petition in the Supreme Court seeking financial aid for lawyers in the form of measures such as interest free loan of up to Rs.3 lakhs.

While considering the matter on September 28, the Chief Justice of India, S A Bobde, had orally remarked that for advocates who were not having income earlier, the pandemic should not be a "boon".

"if there is an advocate who had no income even before the pandemic, would you like to give him an amount so that he starts making money now and it becomes a source of income? You have to be careful...the pandemic cannot become a boon", the CJI had remarked.