'Can't be paid by Centre, not to be taken up by BCI', SC refuses to entertain Advocate Clerk's plea seeking financial aid

On Friday, the Top Court refused to entertain a plea by the Supreme Court Bar Clerk's Association seeking financial aid from the Centre in view of hardships faced by them pertaining to COVID-19 pandemic.

The Court, in very clear words, has asked the Association to withdraw its plea seeking directions to the Centre to pay each member a monthly amount of ₹15,000.

The Bench comprising of Justice Ashok Bhushan, Justice SK Kaul and Justice MR Shah remarked vehemently,  "How can the Centre pay them? Tomorrow anyone will come and ask for payments from the Centre."

In backdrop of this, the Court asked the Association to withdraw its Petition. "Please don't encourage them to take up litigation.", Justice Kaul said. 

Appearing for the Bar Clerks, Senior Advocate Sidharth Luthra requested the Bench to allow him to make a representation before the BCI atleast.

On this arguement, Justice Bhushan replied, "How can the Bar Council take it up?"

The Court thus without passing any other order or granting any other liberty, urged Luthra to withdraw the plea.

Earlier, in a move to deal with the financial hardships arose out of the pertaining COVID-19 pandemic, the Supreme Court Bar Clerk's Association had moved a petition before the Apex Court seeking directions to the Central government to pay a monthly compensation amount of ₹15,000 to each member.

The Association had stated that an evident number of members have not even received their basic salary in these months and thus has urged the Top Court to direct the Government to disburse the compensation amount to each member with effect from June, 2020 unitl Court restores normal functioning.

In the petition so filed, the petitioner Association has alleged a violation of their Right to Life under Article 21 and further informed the Court of the financial crunch being faced by most of its members during this lockdown period.

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