Ex-Gratia Payment of Rs.50 Lakhs to The Kin of Advocates Who Succumbed to Covid: Plea in Supreme Court.
(Judicial Quest News Network)
A plea has been filed in Supreme Court seeking directions to pay ex-gratia amount about Rs. 50,00,000/- to the kin of the deceased advocates within the age of 60 years who have either succumbed to COVID or in any manner with immediate effect.
The plea has been filed by petitioner-in-person Advocate Pradeep Kumar Yadav.
It is submitted that during the COVID-19 pandemic additional monetary help be provided to Advocates.
The petitioner further submits that the legal fraternity is facing a great difficulty due to the present Second lock down/curfew, the government is providing all sorts of help to various communities of the society and also providing financial aid to the other members of the society except the legal fraternity, on the other hand we are the legal practitioner who do not have anything to peddle except
our legal advice to their clients and other legal activities for clients to
assist the Hon’ble Court for legal remedies, therefore, their survival is
going at crucial stage and survival of the other dependents on him is also going at crucial stage.
The petitioner also sent notice to Union of India, Ministry of Home Affairs, Ministry of Law and Justice and Bar Council of India and State Bar Councils about the problems faced by the Advocates.
A true copy of the Notice dated: 23.04.2021 sent to Union of India, Ministry of Home Affairs, Ministry of Law and Justice and Bar Council of India and State Bar Councils.
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 granted 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.
It is therefore, requested before this Hon’ble Court that the Courts should work in full strength either Virtual Court.
Physical mode, all the matters to be taken irrespective of urgency importance because each and every matter is urgent in itself and the case brief is the only source of income for the Advocates.
The further states that if the Courts will start working in full swing, them the Advocates will be able to generate their livelihood without help any help whatsoever and if the restrictions are imposed, it would be very difficult to survive.
The plea also urges the Court to issue appropriate directions to the concerned authorities/Register branch of various courts to start the proceeding through Video conferencing in a routine manner so that normalcy can be created in the courts and legal profession should not suffer.
The plea adds that That we the practicing Advocates do not demand any kind of financial help from the Bar or any other authority our demand is that the Hon’ble Courts should function through Video Conferencing and routing matter and maximum matters be listed irrespective of any urgency. That legal profession is only source of bread and butter for the Advocates and they cannot go into some other profession. If the Hon’ble courts works in full swing the Advocates will able to generate their livelihood without any help whatsoever and if the restrictions are imposed such as urgent hearing it is very difficult to survive.
The plea prays:
Issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ or order or direction, directing the respondent/s to pay ex-gratia amount about Rs. 50,00,000/-(rupees fifty lacs) to the kin of the deceased advocate, who had died within 60 years whether by covid-19 or any other manner, in cases of pandemic additional monetary help be provided to advocates, because the survival of the advocate is only on cases/briefs and advocate have no other source of income with immediate effect.
