Failure To Make Interim Pay-Outs To Needy Advocates, Clerks In Pandemic: Madras HC Asks BCI, BCTN & P To Disclose Complete Financials, Grants Received From State [Read Order]
Live LawThe Madras High Court on Wednesday directed the BCI and Bar Council of Tamil Nadu & Puducherry to file their audited financial statements for the periods 2018-2019 and 2019-2020. The bench was considering a PIL moved by a Senior Advocate, seeking a direction to the respondents, Bar Council of Tamil Nadu and Puducherry and the State of Tamil Nadu to pay Advocates and registered Advocate Clerks a sum of Rs.50,000/- and Rs.25,000/- respectively, as an ad interim measure, amidst the COVID pandemic. However, BCI regulation 41 permits 80% of the total sum collected by the Bar Council of India Advocates Welfare Fund Committee for the State to be utilised for the welfare of Advocates in respect of Welfare Schemes The Court had noted that Regulation 44A also provides for the State Bar Council to implement such a scheme in tandem with the BCI and subject to mandatory monitoring by the BCI- "The absence of a specific and enabling Rule in the State regulations, though an immediate barrier, can and, in our recommendation, must, be inserted by way of an amendment at the earliest, to provide for interim pay-outs to needy advocates in these dark and difficult days". The bench had observed that the BCI Regulations provide for the collection of an amount from a member of the State Bar Council, and the deployment/crediting of the same in an Advocates welfare fund to be created by the Bar Council of India qua a specific State. "The Tamil Nadu Advocates' Welfare Fund Act, 1987 also contains a similar provision in Section 10 thereof", the Madras High Court had stated on June 16.