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Three Lakhs Rupees Loan For Lawyers Affected By Lockdown - Supreme Court Directs SG To Convene Meeting With BCI And Other Stake Holders
LIVELAW NEWS NETWORK
12 Jan 2021 12:12 PM IST
The Supreme Court on Monday asked Solicitor General Tushar Mehta to convene a meeting to discuss the proposal of bar associations for centre to arrange financial aid of 3 lakhs to struggling lawyers with bar councils/ associations standing as guarantors.The Bench headed by Chief Justice Bobde also asked the Bar Councils and Bar Associations to consider raising funds from the public,...
The Supreme Court on Monday asked Solicitor General Tushar Mehta to convene a meeting to discuss the proposal of bar associations for centre to arrange financial aid of 3 lakhs to struggling lawyers with bar councils/ associations standing as guarantors.
The Bench headed by Chief Justice Bobde also asked the Bar Councils and Bar Associations to consider raising funds from the public, for providing financial aid to junior lawyers, who were adversely affected by the Pandemic induced lockdown.
"There are people with people. We will also ask the govt. But the primary responsibility is of the bar. Govt is having the secondary responsibility. You channelize possible funds," the CJI said while considering the suo moto PIL registered by it for considering the feasibility of providing financial aid to members of the Bar.
During the hearing, Senior Advocate PS Narasimha, appearing on behalf of the Bar Councils submitted that a large number of Bar Associations have made requests seeking aid for large numbers of junior advocates, who are facing financial difficulties.
Seeking disbursal of loans by the Government for such junior lawyers, Narasimha submitted that senior lawyers may stand guarantee for loans up to Rs 3 lakhs.
At this juncture, the bench headed by CJI SA Bobde inquired as to the steps taken by the Bar Councils and various Bar Associations to ameliorate the situation.
Responding to this, Narasimha submitted that the members of the Bar have risen to the occasion but they are now drained out of fuds.
Senior Advocate Manan Kumar Mishra, BCI Chairman, also submitted that the Bar Councils and Bar Associations have done whatever is possible within their capacities.
"I am not saying you haven't done anything. But you can do more," the CJI said while suggesting that apart from seeking subsidized loans from Government, the Bar Councils should explore the possibility of raising money from the public.
The CJI then turned to the Solicitor General, asking him to convene a meeting with the BCI Chairman and their counsel, Advocate Narasimha, to come to an amicable solution.
"Mr.Solicitor, we have told the Bar Councils that we would like them to continue inviting funds from people who can afford. But the lawyers are also expecting the Centre to make available loans for which Bar Council can stand guarantee", the CJI told the SG.
The CJI suggested the issues be discussed in one meeting.
The SG agreed and said that he will convene a meeting as suggested by the Court.
The matter was accordingly adjourned.
The Supreme Court had taken cognizance of the financial difficulties being faced by lawyers due to the COVID-19 pandemic, in July last year. The case was tagged along with a petition filed by the Bar Council of India which sought directions to the Centre/State and UT Governments for financial assistance to lawyers, on account of losses faced due to decreasing litigation work in wake of the pandemic.
The Top Court had then sought responses from all the parties, including the Centre, Bar Council of India, State Bar Councils, each High Court's Registrar General, and recognized High Court Bar Associations.
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".
In November, the Top Court transferred to itself petitions pending on this subject in different High Courts.