"Be Good Children & Withdraw The Plea": SC Refuses To Entertain Plea Seeking Interest Free Loans For Lawyers Amid Pandemic

The Supreme Court Thursday refused to entertain a plea filed by a lawyers' body seeking interest free loans for lawyer of upto 20 lacs.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun asked the petitioner-association, Supreme Court Arguing Counsel Association to withdraw the plea and instead file an intervention application in another matter which is pending before the court on the same issue."You are an unregistered organisation. We don't want multiplicity of proceedings. File an intervention in the other pending matter," said the CJI while allowing the petitioner association to withdraw its plea.A light exchange also ensued between the bench and the lawyer for the association, Advocate Pareena Swarup.Advocate Swarup: "My Lords may kindly permit my plea, My lord is the head of the family"To this CJI SA Bobde responded, "Well, then be good children and withdraw the petition!"In this backdrop, the petitioner association withdrew the petition and the bench granted liberty to file an intervention in a related plea.On the last date of hearing, the court had asked the Association's counsel, how old the Association was and what its credentials were.The plea states that the Association consists of legal practitioners from across the country who are facing financial crisis in light of the pandemic situation."The Petitioners are the real brief holder of the cases in this Hon'ble Court. They are coming from across the country and started practice, after purchasing his office and house. They are taken loan for own office and houses. In the present pandemic situation normal work of the courts are suspended from the last 6 month and further there is no chances to start the work smoothly, Consequently, Petitioners are unable to pay the monthly instalment of the loan amount of their office and housing loan, therefore petitioner seeks indulgent of this Hon'ble Court for Mandamus direction against the Respondent to give relaxation in payment of monthly instalment as well as for the direction to the respondent to give interest free loan upto 20 Lacs" - Excerpt of PleaAdditionally, the instant plea has sought directions against the Respondent to waive off the interest on the loan taken by the members of petitioner-association.Further to this, the petitioner has stated that in lights of "Speedy Trial" and "Fair Trail", it is necessary to keep trained advocates in the profession, so that speedy trial has been recognised as an inherent and implicit aspect in the spectrum of Article 21 of the Constitution.The plea states,"The whole purpose of speedy trial is intended to avoid oppression and prevent delay. It is a sacrosanct obligation of all concerned with the justice dispensation system to see that the administration of justice delivery system becomes effective, vibrant and meaningful and trained Advocates are the strength of this speedy trial"Apropos this, the plea states that the petitioners are advocates and are an essential part of the justice delivery system and if they are unable to survive during the pandemic, then rights of the Litigant Under article 22(1) of the Constitution of India also violated.Plea has been filed by Advocate Varinder Kumar Sharma.

"Be Good Children & Withdraw The Plea": SC Refuses To Entertain Plea Seeking Interest Free Loans For Lawyers Amid Pandemic

Sanya Talwar

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