The High Court of Karnataka has declined to accept a plea seeking a direction to the State and Union governments to release ₹50 crore to the Karnataka State Bar Council (KSBC) to grant financial assistance to lawyers facing financial difficulties due to closure of courts in view of COVID-19 lockdown.
“Ultimately, it is a matter of policy for the State as well as Union governments to take a decision on utilisation of the limited resources available. 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 governments to release the amounts,” the court observed.
A special Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice B.V. Nagarathna passed the order while disposing of two PIL petitions filed by advocates H.C. Shivaramu and Anantharaju B.G.
‘Cash crunch’
The Bench also observed, “It is true that several advocates will be affected due to closure of the courts as a result of COVID-19. It is an accepted position that both the governments are facing severe cash crunch. Both the governments are required to deal with the marginalised sections of the society who are deprived of even daily food requirements as a result of COVID-19.”
However, the Bench said that both the BCI and the KSBC can approach the governments seeking necessary financial assistance and if such applications are made, both the governments are bound to decide the same in accordance with law and as expeditiously as possible.
BCI funds
The Bench also noted that the Bar Council of India, which is intending to release up to ₹1 crore for every State bar council to help needy advocates, has already released ₹45 lakh to the KSBC.
As the KSCB said that it is already in the process of utilising ₹2.45 crore (including ₹45 lakh from BCI) for granting financial assistance to eligible advocates, who have put in less than 10 years of practice, the Bench suggested that the KSBC, with the help of the State Advocate-General can appeal to the senior members of the Bar to make donations so that financial help to other needy advocates can be offered on a rational criteria.
“...We are sure 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,” the Bench said.
