If legal aid is denied, file PIL: Bombay High Court disposes of plea seeking specialised legal aid panel for SEBI, SAT

The Bombay High Court on Wednesday disposed of a public interest litigation (PIL) seeking specialised legal aid in forums like the Securities and Exchange Board of India (SEBI) and the Securities Appellate Tribunal (SAT). [Prashant Trivedi v. Union of India & Ors].A Division Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a petition filed by one Prashant Trivedi, who also sought for directions to mention in each show cause notice issued by SEBI and SAT that the recipient can avail legal aid and for the bodies to maintain a list of lawyers who can offer legal aid..The Bench, however, found that Trivedi had failed to show a single instance of non-compliance, or failure to provide legal aid to the petitioner.“You have not approached anybody nor Maharashtra State Legal Services Authority (MALSA) and directly filed the PIL. We understand if you approach the authorities and they deny and then you file this PIL,” the Bench said. .The Bench granted liberty to Trivedi to approach MALSA or other such body, and if legal aid is denied, then he could approach the Court for relief.“PIL cannot be entertained unless authorities concerned have been denied to entertain cause of petitioner. On record, we do not find that the petitioner has sought for aid and was denied. Without this, it would not be appropriate to pass order. If in future any order is passed which denies aid to the petitioner, he may agitate the same in High Court. PIL disposed of. No costs”, the Court stated in its order..The lawyer submitted a list of lawyers who had applied to the legal aid panel of the National Company Law Tribunal (NCLT)The Court however refused to consider the list, stating that such a relief could not be granted in a writ petition. “Do some pro bono work. Offer your service for free in those cases. A lot of lawyers provide service for free,” the Court remarked..Trivedi, appearing in person, pointed out that as per Section 12 of the Maharashtra State Legal Aid Service Authorities (MALSA) Act, legal aid has to be provided without looking at financial status of persons, especially women and children.He also pointed out that the NCLT has a legal aid panel despite dealing with commercial cases..Advocate Anubha Rastogi for SEBI informed the Court that as per guidelines issued in 2009, SEBI had set up legal aid meant for investors who lose money and who approached the forum for aid.She, however, conceded that the forum has never been approached with any application seeking legal aid.