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Delhi HC seeks Centre, Delhi government, BCD responses to PIL for transparency in Advocates' Welfare Fund

The PIL seeks details of the Fund’s income, expenditure, investments, bank accounts, fixed deposits, welfare payments, annual accounts and audit reports.

Prashant Jha

The Delhi High Court on Wednesday issued notices to the Central government, the Delhi government and the Bar Council of Delhi (BCD) in a public interest litigation (PIL) seeking directions to create an online portal providing detailed information about the Advocates’ Welfare Fund.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the respondents to file their affidavits and listed the case for further hearing in December.

Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia

The Court passed the order after an organisation named First Generation Lawyers Association (FGLA) filed a PIL seeking directions to the BCD and the Advocates’ Welfare Fund Trustee Committee to disclose details of the Fund’s income, expenditure, investments, bank accounts, fixed deposits, welfare payments, annual accounts and audit reports.

It also seeks creation of an online portal where such information is regularly updated and made accessible to advocates.

The plea states that the Fund, constituted under the Advocates’ Welfare Fund Act, 2001, receives contributions from advocates, including through welfare fund stamps affixed to vakalatnamas, as well as other statutory sources.

According to the petition, the fund had collected ₹22.54 crore between 2001-02 and 2020-21. Of this, ₹7.13 crore had been paid towards medical and other benefits and ex gratia payments. As of March 4, 2021, around ₹15.57 crore was stated to be available, including ₹10.39 crore in fixed deposits.

FGLA has also sought framing of a policy to fix an annual share of the available fund for welfare benefits. It also seeks directions to formulate a scheme to provide financial assistance to advocates for up to 1 year after enrolment and group life insurance coverage for members of the Fund.

Further, the plea seeks a digital system for receiving, registering and processing welfare applications, with advocates being able to track their applications, know if additional documents are required and receive decisions within a reasonable time.

The PIL has been filed through Advocates Rudra Vikram Singh, Ashirvad Kumar Yadav, Tarshith Bhardwaj, Sanat Vadehra and Rashmi. 

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