The Lockdown observed in wake of Global Pandemic concerning to COVID-19 has now been in place for over two months. It has resulted into financial distress for almost everyone due to closing of economy.
The judiciary of India has taken into concern the sufferings of Advocates as a result of the pandemic and Bar Coucils, Bar Associations all over the country has started schemes, collected funds and even pleaded to Govts to aid those in need during this distressing times. But it is not only the Advocates who have been hit. Other offcials and workers related to the system are under the tide as well.
In wake of the above casue thus, the Karnataka High Court has urged the State Bar Council, the Advocates’ Association, Bengaluru, and senior members of the Bar to collectively provide financial help to clerks during the COVID-19 lockdown.
The Court was approached by the Karnataka State Level Advocate's Clerks Association. In the plea filed, the Association sought directions to the State Government to form a ₹5 crore fund for the welfare of its members amid the COVID-19 lockdown.
During the hearing, the Court thus opined that it would be appropriate for the office bearers of the respective Bar Associations to convene a joint meeting with the office bearers of the Karnataka State Level Advocate's Clerks Association to evolve a scheme for the benefit of registered advocates’ clerks before the next date of hearing.
The Court stated:
"We hope and trust that before the next date, in the joint meeting which may be convened by the second respondent – Karnataka State Bar Council, some solution will be found out to deal with the situation faced by the advocates’ clerks."
The Court further added that though a Clerk plays a very vital role in assisting Advocates in Court cases, financial support can only be granted to them through the provisions under the Karnataka Advocates’ Welfare Fund Act, 1983 when a clerk ceases to work or dies.
The Karnataka State Bar Council submitted to the Court that it is for the Advocates who have appointed the respective registered Clerks to provide them with financial aid.
To this, the Court opined that as most of the members of the petitioner/Karnataka State Level Advocate's Clerks Association are registered clerks under the Chapter V of the High Court of Karnataka Rules, 1959, it will be appropriate that the AAB, the petitioner Association and the KSBC should come together and evolve a scheme to aid the affected clerks.
The Court also allowed the impleadment of the AAB in the matter.
The Court also suggested that the petitioner Association could create Welfare Fund for its members by approaching the Senior members of the Bar for the same and seek financial aid.
It further observed that in case if the petitioner Association decides to do that itself by opening a separate account, KSBC and AAB can assist in same and funds couold be collected collectively.
In the end, the Court placed the matter for next hearing on May 29.
The ordrer has been passed by a bench comprising of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna on 26-05-2020.
Read Order Here:
Picture Source :