The Madhya Pradesh High Court on Monday disposed of a petition seeking financial assistance to young and needy lawyers of Gwalior with the remark that the High Court cannot direct the Bar Association. The Court, however, said the State Bar Council is free to act in this regard as per rules.
The division bench of Chief Justice Mohammad Rafique and Justice Vijay Kumar Shukla heard the petition. Advocate Rajiv Sharma, appeared on behalf of the Petitioner Hemant Singh Rana, a resident of Gwalior, and Deputy Advocate General Swapnil Ganguly on behalf of the state.
It was argued by the petitioner’s counsel that the physical hearing has been closed due to the threat of the Covid-19 epidemic. Limited hearings are being conducted only through video conferencing of important matters. In such a situation, young and needy lawyers want financial help.
It is contended that even though the sufficient money is lying in the
coffers of the High Court Bar Association, it has not been disbursed to young and needy advocates because the elected body of the Bar Association has been replaced by a 5-members Adhoc Committee constituted by the State Bar Council of Madhya Pradesh. At the same time, it is contended that the regular election to the Bar Association is scheduled to take place on March 5, 2021.
After considering the whole matter, the High Court disposed of the petition with the instruction that now that the notification of election to the High Court bar has been issued, the High Court is not in a position to intervene in this regard as per rules. However, the State Bar Council, which constitutes an ad-hoc committee, is free to act in this regard as per rules.