The Karnataka HC recently refrained from passing directions to the Central and state governments to release funds for the welfare of advocates enrolled with the Karnataka State Bar Council (KSBC) during the COVID-19 lockdown.
A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice B V Nagarathna remarked,
“Both the Governments are required to deal with the marginalized sections of the society who are in large numbers and who are deprived of even daily food requirements as a result of COVID-19. Ultimately, it is a matter of policy for the State as well as Central Governments to take a decision of utilization of the limited resources available with both the Governments. The priorities for the use of available resources is also a matter of policy. That is the reason why we are unable to issue a writ of mandamus directing both the Central Government and State Government to release the amounts as prayed…”
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The Karnataka HC held,
“Essentially, a relief can be granted to the advocates only on cessation of practice as provided under Section 16 of the said Act of 1983 (the Karnataka State Advocates Welfare Fund Act, 1983). Therefore, if assistance is to be granted to the members of Karnataka State Advocates Welfare Fund for dealing with a situation arising due to spread of COVID19, the State Government will have to amend the said Act of 1983.”
The Court further went on to state that,
“…considering the rich traditions of the Bar in the State, if an appeal is made by KSBC to the members of the Bar, it will receive a spontaneous response and a large amount will be collected by way of donations which will ultimately reach the advocates who badly need financial assistance in the present crisis.”
Petitioner HC Shivaramu, appearing in person, also intimated the Court that in the case of women advocates, KSBC is considering relaxation of the condition of not practicing for ten years.
Senior Advocate HC Shivaramu, which highlighted the pitiable condition of junior lawyers due to the closure of courts in the state.
Read the order here:
