VINOD KUMAR BHARDWAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This Public Interest Litigation has been filed by a Senior Advocate in representative capacity for issuance of a direction to the State to the effect that the electricity charges of electricity consumed in the Bar Association Rooms or Rooms provided by the Court to the members of the Bar Association be paid by the State Government.

(2.) The petitioner has pleaded that he is a senior Advocate practising in the District Court and High Court since a long time. More than one bar rooms have been provided by the Courts for the purpose of sitting of bar members during Courts hours. The advocates used to sit in the bar rooms, they consult with their clients in the bar rooms and they also used to read and prepare their briefs in the bar room when they are not required to appear before the Court. It is further submitted that it is a part and parcel of the process of administration of justice and the Government has responsibility to bear expenses for the administration of justice, however, the electricity charges of the electricity consumed in the bar room have been paid by the Bar Association and it has to be paid by the Government. It is further submitted that the Hon'ble Supreme Court is paying all the electricity charges of Bar Association Rooms, even the Supreme Court is providing other facilities also. In other States like Rajasthan, the Government used to pay electricity charges of electricity consumed in the bar rooms. It is further pleaded that for the purpose of effective administration of justice, the Government has to provide expenditure for well equipped Bar Rooms including Library and electricity charges.

(3.) The State Government in its return denied the claim of the petitioner. It has pleaded in the return that each and every Bar Association has affiliation with State Bar Council of Madhya Pradesh, which is a statutory body. The Bar Association also receives contribution from its members as monthly fee. The State Bar Council also receives application fee of Rs.1000/-, Registration Fee Rs.11200/- from each advocate at the time of registration. The State Bar Council has sufficient funds to pay the electricity charges of bar rooms of the Court. It is further pleaded that the advocates are in a profession and for their benefits bar rooms have been provided and for the purpose of maintenance of bar rooms, it is the duty of the advocates to pay monthly contribution and maintain the same.