Kerala High Court Advocates' Association writes to Expert Committee opposing hike in Court Fees

The Kerala High Court Advocates' Association (KHCAA) has opposed the recent move to hike the court fees in the State. .The KHCAA has sent a letter in this regard to the Expert Committee which is considering revision of court fees that was announced in the Kerala budget speech and later implemented.The State government had constituted the five-member Committee headed by retired Kerala High Court judge Justice VK Mohanan to study and suggest proposals for the revision of court fees so that the Kerala Court Fees and Suits Valuation Act, 1959, can be amended as needed. .The Committee had recently written to the Bar Council of Kerala inviting its views on the matter and also said that the Committee would be holding public hearings to get the views of other stakeholders and the general public as well. .In its letter to the Committee dated June 21, 2024, the KHCAA condemned the court fee hike arguing that it was a unilateral move on the part of the government and that the fee hike was done on the basis of a committee that is "completely ignorant of ground realities.""The KHCAA does not does not intend to play ball with this Expert Committee and makes it clear that in the event of the inability of the government to reverse the court fee hike imposed illegally, the KHCAA will pursue the judicial route and will seek a judicial solution," the letter stated..The KHCAA also contended that the fact that the Committee has called for suggestions from stakeholders show that their recommendation to hike fees was made before they had sufficient material to back it up.In the Committee's letter to the Bar Council, there was mention of the fact that revenue from the judicial establishment was less than half of the expenditure towards justice dispensation.The KHCAA letter stated that this has exposed the attitude of the government and that treating fees as revenue is itself a misplaced concept."It is unfortunate that the Committee that is headed by a former High Court judge did not take into consideration basic aspects like access to justice and the duty of the State to provide access to justice while making the recommendation", the letter stated.The KHCAA also criticised the fact that the State government which was concerned about the cost of justice administration is now spending public funds to hold hearings to either justify or reverse its decision."It is very clear that the joke is on the people of Kerala," the KHCAA said in its letter..The Bar body has also raised concerns regarding the costs cited and alleged that the figures seemed to be highly inflated especially considering the state of judicial infrastructure in the State. It also criticised the Bar Council of Kerala for its failure to take up the issue and claimed that the Bar Council is divided on political lines. The KHCAA has now decided to call upon Bar Associations across Kerala to call for general body meetings and pass resolutions strongly deprecating the court fee hike. .The Kerala High Court is currently seized of a petition moved by the Ernakulam Bar Association seeking orders to publish the interim report of the Expert Committee.