The Madhya Pradesh High Court on Wednesday dismissed a PIL seeking financial assistance for needy lawyers with liberty to file a fresh petition against alleged shortcomings in the MP Advocate's Assistance (Natural Disaster and Unforseen Circumstances) WelfareScheme, 2020.
The petition filed by one Nimesh Pathak had sought a direction to the State Bar Council to invoke the provisions of Advocate Act, 1961 and to prepare an Advocates Welfare Scheme so as to meet the current COVID-19 situation. He had prayed that an Emergency Fund for the young Advocates and financial not well off/needy Advocates must be created.
Responding to the petition, Advocate General PK Kaurav pointed out that during the pendency of the petition, the State Government had formulated a Scheme to extend financial assistance to the needy lawyers and clerks etc., which was published in the Gazette of MP on 4th May, 2020 and various amounts had been distributed thereunder.
In view thereof, the Division Bench comprising of Chief Justice AK Mittal and Justice VK Shukla granted liberty to the Petitioner to withdraw the petition.
However, the Petitioner submitted that there are certain impugned clauses in the said Welfare Scheme that are required to be challenged.
The bench thus ordered,
"learned counsel for the petitioner stated that he may be permitted to withdraw the present writ petition with liberty to file fresh one on the same cause of action impugning the scheme formulated to extend the financial assistance to the needy lawyers and clerks etc. as there are certain impugned clauses which are required to be challenged.
Dismissed as withdrawn with liberty as prayed for."
The District Bar Association of Bhopal has already approached the high court challenging the MP Advocate's Welfare Scheme for being "irrational". The scheme, drafted by the MP State Bar Council, is alleged to be drafted in an "improper manner" inasmuch as it does not lay down proper rules, criteria and guidelines for identification of eligible needy Advocates.
Case Title: Nimesh Pathak v State Of Madhya Pradesh & Ors.
Case No.: WP No. 7366/2020
Quorum: Chief Justice AK Mittal and Justice VK Shukla
Appearance: Advocate Lucky Jain (for Petitioner); Advocate General PK Kaurav (for Respondents)
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