COVID-19 Lockdown: Kerala HC asks Kerala Bar Council to file statement on details of Rs 1 Cr fund proposed for benefit of lawyers in general

The Kerala High Court on Wednesday directed the Bar Council of Kerala to file a statement on details of a Rs 1 Crore fund proposed to be set up for the benefit of lawyers in general, including those who are not members of the Advocate Welfare Fund under the Kerala Advocates Welfare Fund Act, 1980 (Mohammed Shah vs State of Kerala and ors)..The Division Bench of Justices AK Jayasankaran Nambiar and Shaji P Chaly was hearing a plea questioning the allocation of funds pooled by levying additional court fee by the Government under Section 76 of the Kerala Court-Fees and Suits Valuation Act, 1959 only to members of the Advocates Welfare Fund..Section 76 (3) of the 1959 Act provides that the Legal Benefit Fund so formed should be utilised for "providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.".Appearing for the petitioner, Advocate CR Syamkumar argued that this fund should thus be used for the social security of the entire legal fraternity. He argued that a separate trustee committee should be given the funds available as on March 31 every year for this purpose. .He submitted that at present there appeared to be some confusion regarding the transfer of funds and that the funds are only being allocated to members of the Advocate Welfare Fund (AWF). In this regard, he pointed out that not all lawyers are members of the Welfare Fund. Lawyers have to separately apply for such membership under Section 15 of the Kerala Advocate Welfare Fund Act. .Syamkumar further argued against such restricted allocation, given that many young lawyers (not part of the AWF) may need financial assistance during the present COVID-19 lockdown. He argued that as of now the Government allots funds "at its whims and fancies" and there are substantial funds still lying with the State. .Reference was also made during submissions to Section 76 (4) of the 1959 Act which provides that the State Government may prescribe the rules concerning the "mode and manner in which legal service to the people may be made more efficient and social security measures for legal profession may be provided." .In this regard, Syamkumar noted that the Kerala Government had also introduced the Kerala Legal Benefit Fund Rules, 1999, which provides for the "separate trustee committee" to handle the Legal Benefit Funds..While rebutting the arguments, Additional Advocate General Ranjith Thampan pointed out that the Legal Benefit Fund is being allocated in line with a 2016 amendment to the 1959 Act and Section 18 of the Kerala Welfare Fund Act. These provisions prescribe that the fund should be allocated to members of the AWF and the same have not been challenged, he argued. .Moreover, AAG Thampan also pointed out that the Bar Council of Kerala itself has come out with a scheme for the benefit of all lawyers, including non-AWF members, with the approval of the Bar Council of India and consultation with the Kerala Government. In this regard, a Rs 1 core fund is being built up, of which Rs 50 lakhs has already been arranged. In this backdrop, he contended that the petition was only a case of "one-upmanship" and a "publicity interest litigation.".Appearing for the Kerala Bar Council, Advocate Pranoy Kottaram also confirmed that a Rs 1 crore fund is being set up for the benefit of all lawyers. .After taking note of submissions that the separate corpus is being built up to take care of non-AWF members as well for the time being, the Court today directed that details regarding this fund be submitted in a statement before the next hearing. .The matter has been posted to be taken up next on April 15.