ALL MANIPUR BAR ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri Th. Mahira, learned Advocate appearing for the petitioners; Shri N. Kumarjit, learned AG, Manipur assisted Shri P. Tamphamani, learned Advocate appearing for the respondent Nos. 1, 2 and 3; Shri A. Jagjit, learned Advocate appearing for the respondent No. 4 and Shri Ng. Jotindra, learned Advocate appearing for the respondent No. 5.

(2.) The instant PIL has been filed by the petitioners of which the petitioner No.1 is an association of advocates registered under the provisions of the Manipur Societies Registration Act, 1989. The main grievance of the petitioners, as stated therein, is that after the nationwide lockdown being announced by the Hon'ble Prime Minister of India, the Government of Manipur issued various orders closing the schools, colleges, shops, etc. as a precautionary measure and in terms thereof, the High Court of Manipur issued various notifications suspending the normal sitting of the High Court and the District Courts because of which many of the weaker sections of advocates are deprived of their means to earn livelihood. In order to maintain themselves and their families, a financial assistance is required to be provided by the respondents including the State Government, Bar Council of Manipur, etc. for which the petitioners are praying for issuing a writ of mandamus to direct the State Government to release the amount of Rs. 58,45,646/- (Rupees fifty eight lakh forty five thousand six hundred and forty six) in terms of the letter dated 18/01/2018 written by the Additional Secretary (Law), Government of Manipur; to direct the respondent Nos. 4 and 5 to take necessary steps for ensuring relief to the indigent, disable, weaker sections of the advocates and also to direct the respondent Nos. 1, 3, 4 and 5 to frame necessary welfare schemes for the welfare of the advocates.

(3.) An affidavit has been filed by the respondent No. 3 stating therein that in order to mitigate hardship faced by the people in Manipur, the State Government distributed and made available adequate quantity of rice, free of cost, to the people in the State and in addition thereto, the State of Manipur organized sale of rice at subsidized rate. The letter dated 18/01/2018 written by the Additional Secretary (Law), Government of Manipur was in respect of a proposal for allocation of the said amount as grant for functioning of the newly established Bar Council of Manipur. The said proposal stood lapsed and therefore, it is open to the petitioners or for that matter, the Bar Council of Manipur to approach the State Government for such grant. It has further been stated that in a similar matter, the Hon'ble Supreme Court vide its judgment and order dated 30/4/2020 passed in WP(C) Diary No. 10940 of 2020, directed the Bar Council of India to consider for providing assistance to its brethren keeping in view the prevailing situation in the country.