Thread by @LiveLawIndia

#SupremeCourt to hear SCBA's plea to convert the land admeasuring 1.33 acres that was allotted to Suprem Court into chamber block for lawyers.

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The delayed listing of the petition has caused multiple contentions between the bench and the SCBA President Vikas Singh.

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Sr Adv Vikas Singh: First of all, I'd like to thank you for hearing this on behalf of the bar. The bar is grateful. And we will never do anything to undermine the authority of this institution.

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Singh: There is no way we can grow. For our futuristic planning, Supreme Court can see this. Lawyers will keep going. So if you could consider issuing notice in that too, I'd be grateful.

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CJI DY Chandrachud: How can we do this judicially? We take over all buildings across the Supreme Court including the Foreign Correspondence club?

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Singh: It's not a question of taking over.

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Justice SK Kaul: On a judicial side, can we take over? How can this be done? Administratively maybe someone can ask government.

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Singh: In Delhi HC, several buildings were taken.

Justice Kaul: That was an administrative decision by the government.

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CJI DY Chandrachud: Lawyers are a part of us. It's a part of our institution. If we use our judicial orders, it's a message- look what is the Supreme Court doing. You're taking judicial powers and using it for your expansion. Today it is land, tomorrow it will be something else

CJI DY Chandrachud: We can take it up with the government administratively. This has been the old tradition of judiciary in our country. CJI who represents the institution, we engage with the government, we say look our needs for future are expanding.

Singh: My purpose is to start engagement from the judicial side. Engagement would not be on administrative side.

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CJI DY Chandrachud: The government does engage with us on the administrative side. For example, for E-courts project the government allotted us 7000 crores because they said you need it.

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CJI DY Chandrachud: If we put it across administratively to the government, it would be looked into.

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CJI DY Chandrachud: You have informed us of this. We understand that the bar has its need. We're not saying you don't need it.

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Singh: It was on our petition because of which this land came to us.

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Singh: Whenever any infrastructure is created, bar should be a part of it. I'll tell you why.

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Justice Kaul: We're doing the preliminary, once we're done with that and we need to see what is allotted to who, we'll certainly have bar representatives.

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Singh: Second aspect is the second prayer. If we get whole of it also, we'll only get 600 chambers. We have 1500 who are in the waiting list.

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Sr Adv Meenakshi Arora: On behalf of SCAORA, there is a requirement that AORs need to have chambers within 6 kms of court. 800 AORs are entitled for chambers. AORs itself represents a body which is very integral.

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Arora: As and when you decide this issue and see if more land is to be allotted, please implead us.

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Singh: Your lordships will have a very long tenure to take care of it.

CJI DY Chandrachud: We will take into account all stakeholders but we'll do it on a proper administrative level.

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Singh: There is a problem for the Supreme Court itself to do it. This is government requirements.

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Singh: This was discussed even when Justice Lalit was here too. He said we'll give the land but government should agree.

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Justice Kaul: That should be done administratively. What is the difficulty? Why do you presume that the government will not do it?

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Singh: Unfortunately, we have no say on the administrative side. This land was taken on our petition. The land was handed to us for SupremeCourt and lawyers chambers.

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Justice Kaul: It was never for lawyers chambers.

Singh: Yes, I'm sorry but it was filed by SCBA.

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Justice Kaul: But you're also a part of this institution.

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Justice Narasimha: So far as analysation is concerned, administrative side would be much fruitful. We can work it out. We've told you also, on administrative side...

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Arora: Since this infrastructure is to be used by both sides, please make us a part where we can be inside the system.

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Singh: We should be a part of deliberation process.

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Singh: I feel that we're not a part of administrative process.

Arora: Land which is earmarked for us- it doesn't meet requirements.
We want to engage with the court- whether it is on administrative side or otherwise. We can join the committee to put forth...

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CJI DY Chandrachud: Mr Mishra, Since you're the chairperson of the Bar Council, we'll give you audience. What do you have to say?

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Mishra: The bar council has no place to accomodate. They have to wait in sun, in rain. Then there is legal education programme. We have to train at home. We have no place- no seminars...

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Singh: They have a full fledged building within 1 km.

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Singh: BCI has no stake in the matter.

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Singh: Because of COVID the distance has increased.

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Justice Kaul: This is something which has to be dealt with on administrative side, not judicial side.

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Singh: Please see BD Kauskik. They say that Supreme court is only Supreme court, high court is only high court. So the bar council members have no say.

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Arora: BCI has a building on 5 acres of land, less than 1 km from court.

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S Prabhakaran (Vice Chairman): No it's only .33 acres.

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Prabhakaran: There are 25 lakh members across country. 7 lakh pending appeals. We're not meeting. This is the situation because of lack of place.

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Prabhakaran: If you want to take administrative decision, we're with you. But bar council has to be taken into account.

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AG: The flexibility of administrative process has a certain advantage. When I appeared on first occasion, I met couple of secretaries.

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AG: On administrative side, I may have that role- a little open. Bar council may also have a stand. I also feel that flexibility available , I can play my role better...

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CJI DY Chandrachud: We'll reflect on this. We'll take some time to deliberate and then decide. We'll close this for orders now

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