Excelsior Correspondent
Srinagar, July 25: Supreme Court issued notice to Government of India, State Governments and Government of Union Territories, Bar Council of India and all Bar Association of all High Courts to show cause why a fund should not be set up for members of Bar affected by pandemic.
The three judge bench of Chief Justice A S Bobde, Justice A S Bopanna and Justice V Ramasubramanian said that the pandemic has taken a heavy toll on the lives of citizens and particularly the legal fraternity and the court is conscious of the fact that the advocates are bound by rules which restrict their income only to the profession.
Bench said that the advocates are not permitted to earn a livelihood by any other means and in such circumstances, the closure of the courts has deprived a sizable section of the legal profession of income and their livelihood.
Court after considering the all facts and after hearing the counsels said it is appropriate to issue notice to the UoI, BCI, authorities of all State and UTs also to Bar Associations for their response within two weeks. Court has also directed for issuing notice to Registrar General of all the High Courts.
Solicitor General of India has waived notice on behalf of UoI and Advocate Manan Kumar Mishra (Senior Counsel) accepted notice on behalf of Bar Council of India. Court directed for serving the notice to others through their standing counsel as well as through e-mail and FAX.
Bench said, that there is a constant demand to enable the resumption of the income from the profession by resuming the normal function of the courts in congregation. This demand court added, poses its own difficulties in the sense that an unqualified resumption of normal courts may jeopardize the health of all those who attend courts in congregation.
Court asked to show cause as to why a fund for relief to eligible and deserving advocates should not be set up and donations for the same be invited from their own members or any other legitimate source. “It would be also necessary to determine the norms for eligibility of such financial aid by the Bar Associations”, Bench recorded.
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