The Lockdown observation has crunched on the earnings of Lawyers and Bar Councils across States have been accumulating funds to aid Advocates in need. 

But the process to release funds have been testing patience in some States.

In similar instnace, the Kerala High Court came down heavily upon the State Bar Council for 'grave delay' in implementation of 2018 Government order whereby sanction was accorded to pay monthly stipend of ₹5000/- to the Junior Lawyers.

Justice P. Gopinath has intervened on the matter and directed the oppposite Counsel to get instructions on the matter. He remarked:

"The government order was issued in 2018. We are in 2020 now… Lawyers can't be made to starve,"

In an order issued in the beginning of March, the Kerala Govt had sanctioned monthly stipend of ₹5000/- for Junior Lawyers belonging to certain category, which is to be paid out of the Welfare Fund created under Kerala Advocate's Welfare Fund Act, 1980.

Advocates took the matter to the High Court and submitted:

"The Government in its wisdom has proceeded to consider the same and passed Ext.P2 G.O to support the younger generation of legal fraternity but the lethargy in implementing the same has failed the purpose. Due to the same, the novices of legal profession are face grim future especially due to the lock down after Covid-19 and its repercussions in the economic sphere of the Country."

It was pointed out to the Court that the Council had not brought in any rules or formulated any modus including the application form prescribed by the Kerala Advocate's Welfare Fund Trustee Committee, to start the process.

In response to this, Standing Counsel for the State Bar Council informed the Court that they had framed rules but the same was returned by the Government.

The petitioners sought interim relief of directing the Bar Council to consider and pass orders on all applications seeking stipend.

The Court after considering the submissions, granted time to the Standing Counsel to seek instructions from the Bar.

The Court though strictly stated that no further extension for filing og statement shall be granted.

In addition to above, the petition also claims that many Lawyers had approached the Bar Council as well as the Trustee Committee seeking application forms and other procedures and guidance to apply for stipend and in return were instructed to wait till they have formulated their own Rules and procedure.

The matter has now been listetd for 18th May, 2020.

 

 

 

 

 

 

 

 

 

 

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