Delhi High Court directed the Delhi Government to take all steps required for the immediate procurement of insurance policies for the advocates under CM Advocates Welfare Scheme[Read Judgment]

The Delhi High Court, comprising of a Single Bench Justice Prathiba M Singh directed the Delhi Government to take all steps required for the immediate procurement of insurance policies for the advocates whose names have been verified by the Bar Council of Delhi under ‘CM Advocates Welfare Scheme’.

Bar Council of Delhi and two independent members issues a writ in the nature of mandamus in the High Court of Delhi, directing the Government of NCT of Delhi & Ors, to release money and issue insurance policies for Mediclaim for Rs.5 lacs and Term insurance of Rs.10 lacs to advocate already registered under the Chief Minister Advocates' Welfare Scheme.

‘Chief Minister Advocates’ Welfare Scheme’ which was approved by the Government of NCT Delhi (GNCTD). The Scheme is stated to have been floated with an intention to give assistance to lawyers with the following measure:

1. Group (Term) Insurance for practicing advocates providing life cover of Rs.10,00,000/- (Rupees Ten Lakhs) per advocate.
2. Group Medi-claim coverage for the advocates, their spouse, and two dependent children up to the age of 25 years, for a family floater sum insured of Rs.5,00,000/- (Rupees Five Lakhs)
3.  E-library with 10 computers loaded with journals and web editions of e-journals, along with printers in all the 6 district courts.
4. Creche facility for advocates and staff employees in each of the 6 district courts.

Bar Council of Delhi states that the “further steps in respect of obtaining insurance etc., have not been taken by the Government of NCT of Delhi.”

Mr. Vasdev, Advocated appearing on the behalf of Bar Council of Delhi, “refers to the provisions of Section 3(g) and Section 24 of the Advocates' Welfare Fund Act, 2001 and submits that such schemes, which are floated for the purposes of advocates have to be implemented by the appropriate Government and thus, once the names of the advocates have been verified by the BCD, the insurance should be immediately obtained for the advocates”.

Whereas, Mr. Nayyar appearing for the GNCTD submits that as a first step, since the names of 29,098 advocates stand verified by BCD, at least the insurance in respect of those advocates can be implemented. He further submits that the notice inviting tender has to be issued by the GNCTD and the Court may pass appropriate orders in respect thereof without prejudice to the rights of the GNCTD and subject to the adjudication of the larger issues arising in these cases.

Court, stated that the ”the 29,098 advocates, whose verification has already been carried out, there need not be any further delay in steps to be taken to provide insurance, especially considering the outbreak of the current pandemic due to COVID-19”.

Further, the Court stated that the “GNCTD is further directed to go ahead with the issuance of the Notice Inviting Tenders (“NIT”) seeking bids from the insurance companies, in order to finalize the insurance company which would be awarded the tender for the group insurance and medical claim insurance of the 29,098 Advocates”.

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