The Punjab & Haryana High Court recently dismissed a petition filed by an advocate seeking financial assistance from the Bar Council of Punjab and Haryana, including reimbursement of medical expenses, house rent allowance, travel costs, and personal security.
The petitioner, who identified herself as an un-established advocate, invoked Section 6 of the Advocates Act, 1961, arguing that the Bar Council was obligated to provide financial support to indigent lawyers.
However, a Division Bench comprising Justice Anil Kshetarpal and Justice Rohit Kapoor held that Section 6(2)(a) of the Act does not confer any legal or enforceable right upon individual advocates to claim such benefits.
"The sine qua non for the issuance of a writ in the nature of mandamus is the existence of a legal or vested right. The petitioner has failed to point out any such enforceable right in her favour," the Court noted.
While acknowledging that the Advocates Act enables Bar Councils to extend assistance to needy lawyers, the Court emphasized that the provision is discretionary, not mandatory.
“Section 6 may allow the Bar Council to make provisions for aid to poor and un-established advocates, but it does not impose a legal duty enforceable by individual lawyers,” the Bench clarified.
Since the petitioner could not establish any statutory or constitutional right to the reliefs claimed, the Court declined to entertain the plea and accordingly dismissed the petition.
Advocate Ravneet Kaur appeared in person.
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