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During the lockdown, Allahabad HC takes suo moto case for assistance to needy and vulnerable advocates and clerks

Team SoOLEGAL 10 Apr 2020 3:05pm

During the lockdown, Allahabad HC takes suo moto case for assistance to needy and vulnerable advocates and clerks

On 02/04/2020 (Thursday), the Allahabad High Court took notice of the problem of financially poor Advocates and registered Advocate Clerks, who are now on the verge of hunger due to the lack of court work in the face of ongoing lockdown.

The bench, consisting of Chief Justice Govind Mathur and Justice Siddhartha Varma, noted that after the lockout was imposed, "judicial working in the entire country has reduced its pace and is taking up matters of utmost urgency alone. The slowdown has adversely affected livelihood of lakhs of people, whose survival depends upon working of the judiciary. An enormous effect is apparently visible on the profession of Advocates and the Registered Advocate Clerks working with them." 

The court therefore asked the Bar Council of India, the Uttar Pradesh Bar Council, the UP Law Ministry, the Allahabad High Court Bar Association, the Allahabad High Court Advocate Association, and the Awadh Bar Association to clarify the measures taken by or to assist the vulnerable Advocates and the registered Advocate Clerks.

It should be noted that, according to the Advocates Act, 1961, both the Indian Bar Council and the State Bar Councils are obligated to ensure the welfare of the Advocates Fraternity and also to assist the needy Advocates. In particular, Section 6 of the Act sets out very clearly to safeguard the rights, privileges and interests of the Advocates and their role, and also to provide financial assistance and welfare schemes for the poor, disabled or other advocates.

In view of this, the Court has sought  answers from the authorities referred to above by 15 April.

The Court also took notice of the Uttar Pradesh Advocates Welfare Fund Act, 1974, in which the Bar Council of India, the State Bar Council of Uttar Pradesh and the Trustees Committee were empowered to formulate the required schemes to assist the vulnerable Advocates in requirements such as the present. 

The Court therefore ordered that it should be aware of the measures that have been taken and will be taken under this Act.

Among other issues, the bench allowed lawyers who had a lucrative practice to offer financial or otherwise assistance to the Bar Councils and Bar Associations in this matter.

The matter is now scheduled for April 15.

 



Tagged: Allahabad HC   suo moto   lockdown   Chief Justice Govind Mathur   Justice Siddhartha Varma   Awadh Bar Association   Advocates Act   Welfare Fund Act  
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