Courts Update PIL in SC seeks Rs 50,000 Ex-gratia to family...

PIL in SC seeks Rs 50,000 Ex-gratia to family of deceased lawyer

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New Delhi, Jun 26 (ILNS) A Public Interest Litigation has been filed in the Supreme Court seeking direction to the Centre to pay an ex-gratia amount of Rs 50,00,000 to the kin of the deceased advocate, who had died within 60 years.

The petition has been filed by Supreme Court Lawyer Pradeep Kumar Yadav.

According to the petition, in cases of Pandemic, additional monetary help is provided to Advocates because the survival of the Advocate is only on cases/briefs and Advocate have no other source of income nor any body in the society comes forward to help to them, it is often seen many landlords never prefers a tenant who is an Advocate or family of an Advocate, however, judicial system call them Officer of the Court and an Advocate is always ready to serve (24×7) to the society as well as to their clients, but when they are in crucial problem then their parent body i.e. Bar Council of India as well as State Bar Councils neither take care of them nor their families of Advocate and they have also not grant any relief, however, it is a true fact that in each and every year cores of Rupees had been collected in the name of welfare fund by way of welfare tickets and when Advocates are in trouble than most of time neither concerned Bar Association nor concerned Bar Council came forward to help them.

The Petitioner alleged that since last one year Judicial system is semi paralyzed, therefore, only those Advocates who are managing their professions who has good infrastructure and well established paraphernalia and small time or other advocates and their staff are only seeing the drama which has been created by the society, even police personnel and other Government Staff who is in direct touch with the public they are doing work with their whims and fancies which shows that they are playing mockery with the system (it’s called Inspector Raj) and because Judicial System is not open for the General Public, therefore, General Public is not in a position to make any complaint against the corrupt system and it is also very important that General Public is also not in power to approach to the well-established lawyers or Advocates because they are charging too much high consultation charges and Professional charges, therefore, now the Judicial System is open only for those peoples who are gaining too much money and are in a position to dominate the present situation.

It was further alleged that since last one year what happens with General Public and their Advocates, one side one petition filed by one Advocate at night and the same was listed and heard within 24 hours and on the other hand numerous petitions filed by General Public never be heard even within 15-20 days then where is “Equality before Law” and if “Equality before Law” is not applicable in the Judicial System then how anyone expect that he/she will be treated equal before other Government Authorities.

The Petition highlighted that as per the directions of the Supreme Court of India in the earlier lockdown i.e. in 2020 the Bail matter and Criminal matters were given priority but now all the directions are taken back and only pick and choose method is adopted by the various Courts in the Country with the consent of judges to pick and choose the matter whom they fit and proper for urgent hearing.

“School, colleges, other departments are working online then why the injustice is being done to the practicing Advocates and to the new lawyers in the national capital who are dependent on fresh filings and hearings for their income have been hit by second Covid-19 which is followed by lockdown in National Capital Territory of Delhi and also in other States” , the plea states.

The Petitioner has mentioned the e- news published in various newspapers regarding Law Ministry to launch cohesive insurance scheme for lawyers including medical, maternity, accidental and life benefits . News related to Use advocate welfare fund for insurance, e-libraries’ regarding The committee formed by chief Minister Arvind Kejriwal to recommend ways to utilize the Rs 50 crore advocates’ welfare fund has suggested providing Rs 10 lakh life insurance cover for practicing lawyers and Rs 5 lakh group health insurance coverage to advocates, their spouse and two dependent children up to the age of 25 years and news regarding Cop, journalists attacked as Delhi lawyers’ strike turns violent – regarding attacks on Lawyer.

“State Authorities take action in outbreak of endemic and pandemic emerging and re-emerging infectious diseases in any country in most cases occurred without preparedness and development of strategies to control the disease. The lack of preparedness to combat the outbreak along with the low understanding of the causative agent makes the problem more complex and difficult to treat no actions taken by the State and Authorities” , the Petition read. ILNS/KR/RJ

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