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HIGH COURT OF MADHYA PRADESH
S.K. Gangele and G.D. Saxena, JJ.
Vinod Kumar Bharadwaj v. State of M.P. and others
Writ Petition No.5007of 2012 (PIL) (Gwalior); Decided on 24.1.2013.
Held : It is well settled principle of law that the profession of an advocate is not mere a profession. The advocates are officers of the Court, they have their duty towards their clients and also towards the Court and an efficient and intelligent bar is necessary for the effective administration of justice. AIR 1957 SC 250 and (2011)6 SCC 86 followed.
(2) Advocates -- right of -- they are entitled to get Bar room in Court premises with facilities -- charges of consumption of electricity in Bar room -- shall be paid by the State Government.
Held : If the bar does not have proper facilities in the Court premises, then the administration of justice would be affected adversely .... The Supreme Court is providing four huge libraries, three canteens, two lounges, several rooms as consultation rooms, parking places and free use of electricity supply to the members of the Supreme Court's Bar Association. It is a common knowledge that the members of the Supreme Court Bar Association have been earning much more than the members of the High Court Bar Association or District Court Bar Association or Tahsil Court Bar Association, when they are being provided facilities of free electricity, then certainly the members who are working in the High Court, District Courts and Tahsil Courts are also eligible to get free electricity in the Bar rooms officially provided in the Courts premises. The State Government cannot ignore this aspect of administration of justice to the effect that for providing facilities to the advocates in practicing so that they can effectively practice before the Courts. During Court working hours, the advocates have a facility to sit in the Bar rooms, which is officially provided by the Courts. In the aforesaid Bar rooms, they used to sit when they are not required to appear in the Court, they used to read the files and law books and also used to consult with their clients and when it is held that the profession of the advocates is not merely a profession but the advocates are officers of the Court, then, certainly they are entitled to get some facilities, consequently it naturally follows the electricity charges of the electricity consumed in the Bar rooms officially provided by the Court shall be paid by the State Government. (2011)13 SCC 774 and (2010)14 SCC 114 followed. AIR 1997 Kar. 18 relied on.
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Gangele, J. -- 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.1,000/-, Registration fee Rs.11,200/- 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.
4. In the return, the State has opposed the plea of the petitioner, however, during course of arguments, learned Additional Advocate General has produced certain papers to the effect that the process of decision making is going on in regard to payment of electricity bills of bar rooms in the Court premises by the Government. Learned Additional Advocate General informed the Court that a Vakil Panchayat was held on 12.8.2012 at the residence of Hon’ble the Chief Minister and in the aforesaid Panchayat, Hon’ble the Chief Minister made a declaration that the State Government shall provide the electricity charges of the bar rooms and for the purpose of implementation of the declaration, a committee of Hon’ble the Chief Minister, Chief Secretary, Advocate General and Private Secretary of Law has been constituted and the matter is under active consideration of the Government. Learned Additional Advocate General further produced a letter dated 29.9.2012 written by the Secretary Law and Legislature, State of M.P. to the Registrar General, in which, it is mentioned that how much amount shall be required for the purpose of payment of electricity charges of sitting places of litigants in the Court premises. In this letter, the expenses in regard to providing tube-lights and fans in the Court premises is also included. The Registrar (Establishment) vide letter dated 3.1.2013 informed the Government in regard to amount which would be required for payment of electricity charges in pursuance to the letter of Law Secretary. Learned Additional
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