CJI SA Bobde led bench begins hearing the Suo Motu petition concerning the unprecedented financial crisis being faced by lawyers all across the country due to COVID19 induced lockdown.
CJI: All Bar Councils are saying that Centre should prepare a contingency fund for lawyers
Senior Adv Ajit Kumar: I appear for all HC bar associations. I have filed an affidavit
CJI: You have not filed a reply
Kumar: We are relying on BCI's affidavit, the only one
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Senior Adv Kumar reads the provision in law which authorizes Centre to prepare an emergency fund for lawyers also known as a contingency fund to meet unforeseen circumstances.
Kumar: The bar council will have to ensure that if an interest free loan is provided then it has to be repaid. A monthly installment should be capped at under 10,000
CJI: we find the response of all these associations inadequate. You are connected to society to rich business houses. Its a difficult situation and what we say is only for COVID19. We have asked the Centre but should not be the major part of the funding be from bar associations?
Kumar: HC bar associations are different. SC bar is more capable. I have just cited Section 4 which states how certain unforeseen circumstances may be dealt with.
CJI: We feel primary responsibility is of the association of advocates. Centre has to spend on a lot of people.
Kumar: from last seven months they are doing all they can.
CJI: We had issued a notice. But we are saying that create a fund. Why are you not agreeing to create a fund
Kumar: in 8 months, the funds have exhausted
CJI: Why does every HC not have a fund?
CJI to Adv Shekhar Naphade: important thing is to identify lawyers who are entitled to such hep. the really deserving ones may not get the help due to the power structure and here most powerful get most. the unfortunate ones don't get it. we need your help to identify them
CJI: If an advocate has been making certain amount of income and due to pandemic it has become zero, then I can understand>? but a lawyer who made no money, can this help become a source of income? the pandemic cannot become a boon for them. we have to be careful
CJI: we need to find the eligibility of the deserving one for these loans.
SC adjourns case by two weeks. HC bar associations to reply to the query posed by the top court
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