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Welfare scheme for lawyers: HC issues notices to State, ors
5/10/2019 10:14:57 PM
Early Times Report
Jammu, May 10: The J&K High Court on Friday issued notices to the state government, among others, in a Public Interest Litigation seeking formulation of welfare scheme for lawyers of the state.
A division bench of the High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma, after hearing Advocate Gagan Basotra for the petitioners-Advocates Sahil Gupta and Bharath Sharma-issued notices to the Principal Secretary Finance Dept, law Secretary, Registrar General J&K High Court, J&K State Bar Council through its Secretary and Bar Council of India returnable within four weeks.
Advocate Basotra sought directions to respondents to formulate a scheme in terms of the Advocate Act or any other law to pay a monthly stipend of Rs 10,000 to the newly enrolled lawyers with a further direction to the respondents to also formulate a scheme for payment of pension to advocates who have put in an at least 40 years of active professional service as an enrolled advocate.
In this behalf the petitioners are relying upon section 6 (l) (dd), 6 (2) (a) and 7 (2)(a) of the Advocates Act 1961. The petitioners are also seeking a direction to the respondents to fulfil their constitutional obligation in terms of section 18 (Director Principles) of the Constitution of J&K.
The petitioners submit that the advocates being officer of the court and without their effective assistance, the justice delivery system is greatly impaired. It is imperative that the best of the advocates are available in the profession so that so that there is no impediment in dispensation of justice by the courts. However, lately it has been noticed that the best of the young lawyers are leaving the profession due to the absence of any financial support with the result that in near future there would be lack of talent for the bar and the bench which is not a good prospect for the healthy growth and independence of judiciary under the Indian Constitution.
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