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The Delhi High Court on Wednesday issued notice on a PIL seeking transparency in the Advocates' Welfare Fund in accordance with the Advocates' Welfare Fund Act, 2001 and the Delhi Advocates' Welfare Fund Rules, 2001.

Filed by First Generation Lawyers Association (FGLA), the plea seeks proper disclosure of information regarding the fund, including its income, expenditure, accounts, audit and investments, and for making such information available through a proper online system.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of the Union Government, Delhi Government, Bar Council of Delhi and Advocates' Welfare Fund Trustee Committee, Delhi.

The plea also seeks an online mechanism enabling advocates to apply for welfare benefits and financial assistance and track the status of their applications.

According to the plea, the Advocates' Welfare Fund is a statutory fund created for the welfare and benefit of advocates who contribute to it at the time of enrolment and also through Welfare Fund stamps during professional practice.

In Delhi, the petition states, advocates are required to affix a Rs. 25 Welfare Fund stamp on every Vakalatnama.

The plea claims that between financial years 2001-02 upto 2020-21, the Fund had reported total income of approximately Rs. 22.54 crore. During the same period, it has been claimed that Rs. 7.13 crore was disbursed towards medical and other benefits and ex-gratia payments.

It adds that as on March 4, 2021, Rs. 5.17 crore was stated to be lying in bank accounts and Rs. 10.39 crore in fixed deposits, taking the reported corpus to approximately Rs. 15.57 crore.

The PIL alleges that despite the availability of such corpus, complete and regular information concerning the Fund's accounts, audit, utilisation, expenditure, payments, investments and other financial activities is not readily available to the advocates who are its intended beneficiaries.

It also states that an RTI application was submitted on July 28 seeking details of annual accounts, audit reports, details of utilisation, minutes of meetings of the Trustee Committee, expenditure, payments and investments relating to the Fund.

It has been alleged that the Bar Council of Delhi declined to provide the information, stating that there was no financial support from the Central or State Government to the Trust and therefore it did not come within the definition of a public authority.

“The present case does not proceed on an allegation that any particular amount of money has been misappropriated or that any particular person has committed any financial wrongdoing. The purpose of the present Petition is to obtain a clear and complete picture regarding the Fund and to ensure that the statutory Fund created for the welfare of advocates is properly administered in accordance with the law,” the plea states.

It adds that advocates contributing towards the welfare fund should have a reasonable means of knowing the financial position and functioning of the Fund and the welfare benefits available to them.

Among other prayers, FGLA has sought directions requiring the Bar Council of Delhi and the Advocates' Welfare Fund Trustee Committee to place before the Court complete details of the Fund from its inception, including amounts received, sources of receipts, expenditure, welfare payments and its present financial position.

It has also sought annual accounts, audit reports and annual reports since 2001 as well as details of bank accounts, fixed deposits and other investments.

The petition further seeks creation of an online portal containing regularly updated information concerning the Fund's income, expenditure, available funds, investments and audit reports.

Additionally, the PIL seeks consideration of a policy fixing an appropriate share of the available Fund to be utilised annually for welfare benefits and financial assistance, while keeping future requirements in view.

Title: First Generation Lawyers Association (FGLA) v. Union of India & Ors

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