BIJAY DEHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS interlocutory application has been preferred by the Chairman, Jharkhand State Bar Council. It is prayed in this interlocutory application that Advocates' Welfare Fund Stamps are not available and therefore, those, who are filing their Vakalatnama or affidavit, are not affixing the welfare stamps. The amount collected from the sale of these welfare stamps is meant for the welfare of the Advocates and earlier this Court has passed an order dated 19th March 2013, after calling of the Assistant Inspector General of Registration as well as Inspector General of Registration that the State Government is having 2,68,00,000/ stamps in its pocket and unnecessarily scarcity of Advocates' Welfare Fund Stamps is created in the State of Jharkhand. It has been observed in the earlier order of this Court dated 13 th March, 2013 as well as in the order dated 4th April, 2013 that requisition/demand of stamps is in the hands of those, who are the beneficiaries of scarcity created by themselves. Power was given by the State Government to those who are beneficiaries of scarcity, to forward the demand of the stamps. This demand was never made by such beneficiaries of this scarcity. Stamps worth Rs. 2.5 are alleged to have been sold at the cost approximately Rs.10/ . Sizable benefit they were getting. This Court had passed an order on 19th March, 2013 that the Inspector General of Registration shall formulate a policy so that the amount of Stamps may be recovered and can be utilized for the welfare of the Advocates. The induced scarcity was created by few limited persons. This is a misfortune of the Advocates that though sizable number of welfare stamps are available with the Government, these stamps are not being distributed, because of lack of proper policy on the part of the State regarding distribution and sale.

(2.) AFTER the order passed by this Court in this matter dated 13 th March, 2013, 19th March, 2013 and 4th April, 2013, now detailed counter affidavit along with Annexure- 'A', 'B' and 'C' has also been filed by the Secretary cum Inspector General of Registration and it is submitted by the Additional Advocate General that by virtue of the new policy decision those who are beneficiaries of the scarcity of the welfare stamps they shall not move the requisition. The requisitions now shall be moved by the District Bar Associations. In fact, Jharkhand State Bar Council and the District Bar Associations are the actual beneficiaries of the Advocate's Welfare Fund Stamps amount, but, unnecessarily, the money is going into the private pockets and therefore, new policy has been framed by the respondent State, which are as under:

(3.) THIS interlocutory Application shall be placed before this Court on 18 th November, 2013 to get report from the aforesaid Committee about implementation and execution of the aforesaid directions.