Anadi Tewari
In a letter-petition (dated: 07 May 2021), the Bar Council of India has moved before the Supreme Court seeking directions from the top court in order to reduce the sufferings and miseries of the affected lawyers and their family members caused during this COVID-19 pandemic.
The Bar Council of India has foremost requested the top Court to treat this letter either as a Public Interest Litigation (PIL) and to list it urgently either today or tomorrow or treat this as an Interlocutory Application in the Suo-Motu Writ case and to direct the office to list it tomorrow before the appropriate bench dealing with connecting matters.
Taking note of the death of thousands of Advocates and their family members due to this deadly pandemic, the Bar Council of India has requested the Supreme Court to pass certain directions to the Union and State Governments.
“We would requests your Lordships to pass a similar order/directions, thereby directing the Union and State Government to provide sufficient beds and other Corona treatment facilities to the advocates, judges, their staff and their families who are in the need at the District and Taluka level, High Courts and wherever necessary,” the letter stated.
“The advocates, though not special citizens, are important part of the society and frontline workers and stakeholders in the matter of dispensation of justice, like judges”, the Council urges the Court to take issuance of the situation like it has done on a day to day basis in the aftermath of the deadly pandemic.
The Council has stated before the Court that other PILs before Court are mostly dealing with bigger cities while the precarious conditions of the remote places remain unnoticed.
“We are not considering the precarious conditions prevailing conditions at the remote places and the harrowing conditions of the advocates and their families. In District and Taluka places neither sufficient ambulance are available nor there oxygen beds in the hospitals. Ventilators are as a dream,” the letter noted.
The Council has voiced that in the last 14 to 15 months, no official machinery has thought about the plight of the common advocates who are the “officers of the court”.
“What to talk of any financial assistance, the Union or State Governments have not been able to provide proper and adequate medical services to the advocates, who are left in the lurch,” the letter claimed.
In order to curb the grievances and plight of the suffering advocates, the Council has requested the Supreme Court to appoint Nodal Officers at all levels. These officers should be from amongst the Highway Judicial Officers.
“The Lawyers may call their respective Bar Association(s) in case of need and/to raise their grievances: And the office-bearers of the Bar Association may be allowed to call the nodal officers. The Nodal Officers may be authorized and empowered to call the concerned Head of the Health Department, Medical Officers, Heads of the hospitals, the Administrative and Police Head of the District for redressal of the grievances of the Advocates/their families,” the Council noted the function of Nodal Officers.
“The disobedience of the order of the Nodal Officers may be treated as gross contempt and shall also be treated as gross misconduct on the part of the authorities,” the letter further stated.
The Council has further prayed before the Court to direct the State Governments and District Administration to provide oxygen cylinders and ensure oxygen supply to any Advocate or his family or staff and to the Judicial Officers, their families and the Courts staff on the recommendation made by the concerned State Bar Council to the Nodal Officers.
The Bar Council has made it clear that they do not want any special treatment of the Advocates in the matter of medical attention but a graceful response from the concerned machinery so that the miseries of the concerned sufferers (Advocates, their family and staff) can reduce.
“The advocates, though not special citizens, are important part of the society and front line workers and stakeholders in the matter of dispensation of justice, like the judges,” the Bar Council has clearly stated.
The Council has also attached a resolution passed on 05th May 2021 wherein it had registered the plight of the advocates and judicial officers situated all across the country.