BCI should consider assisting its brethren, says SC on Covid-19 fund for lawyers

india

Updated: Apr 30, 2020 18:12 IST

Bar Council of India (BCI) should “consider assisting its brethren” keeping in view the prevailing situation, the Supreme Court Thursday said while hearing a plea seeking creation of an emergency fund for independent practising advocates who are in need of financial assistance during the Covid-19 pandemic.

A bench headed by Justice N V Ramana, which was hearing the plea through video-conferencing, said it cannot pass direction for creation of funds and set up a special category for lawyers when unfortunately the entire country is facing a difficult situation.

“Having heard the petitioner-in-person and taking into consideration the grievance of the petitioner, we are of the opinion that the best course is that the Bar Council of India should consider assisting its brethren, keeping in view the prevailing situation,” the bench, also comprising Justices S K Kaul and B R Gavai, said.

The bench, which disposed of the petition, observed during the hearing that some bar councils have taken up this issue and have also decided to help independent lawyers.

“This is something for the BCI to consider,” the bench told advocate Pawan Prakash Pathak, who filed the petition.

The apex court, while referring to the coronavirus or Covid-19 pandemic, said the whole country is suffering and lawyers are also a part of it.

Pathak referred to the provision of the Advocates Act and said the BCI, an apex body of lawyers regulating the legal profession, is responsible for safeguarding the rights, privileges and interests of advocates.

He said that courts and tribunals are closed due to the Covid-19 lockdown and independent practising lawyers are left with no other source of income.

He argued that the top court can direct the BCI to take action in this regard as also for the future.

However, the bench said it is for the BCI to consider as to how well it is in a position to help.

Pathak, who filed the plea along with advocate Alok Singh, said that “advocates are also hit by this lockdown and facing financial crunch and if the lockdown further extend then this pose a serious threat to the life and liberty of the advocates who have litigation as there only source of income.” The plea has claimed that various state bar associations across the country are coming up with financial aid scheme for advocates but there is “no uniformity or equality” in those policies.

It has also sought a direction to the BCI and bar council of states to frame a policy for fund disbursal to independent advocates who are in dire need of financial assistance within specified time limit.