"We do not distinguish between lawyers": Bombay High Court on PIL seeking specialised legal aid panel for SEBI, SAT

The Bombay High Court on Wednesday questioned why specialised lawyers are required to provide legal aid in forums like Securities and Exchange Board of India (SEBI) and Securities Appellate Tribunal (SAT) when good legal aid service authorities are available at the State and district level. .A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a petition filed by a petitioner, Prashant Trivedi, seeking a specialised panel of lawyers for forums like SEBI and SAT. The Bench also queried about the necessity of legal aid lawyers in cases involving huge sums of money. "The case where the large amounts are involved, you want legal aid? So you become bankrupt for them?" the Bench quipped. The Court also added that seeking specialised panel may not work as lawyers who are specialised in the field may not want to work pro bono. "You want specialised lawyers for each tribunal? We do not distinguish between lawyers, each lawyer is learned. If the lawyers practicing there (in SEBI, SAT) do not want to get themselves enrolled, then what happens? The scheme of the Act does not envisage separate panel for separate courts. You can seek enforcement of the (legal aid services) Act," the bench said. .Trivedi, appearing in person, pointed out that as per Section 12 of the Maharashtra State Legal Aid Service Authorities (MALSA) Act, legal aid has to be provided without looking at financial status of persons especially women and children.He also pointed out that the National Company Law Tribunal (NCLT) has a legal aid panel despite dealing with commercial cases..Advocate Anubha Rastogi for SEBI informed the Court that as per guidelines issued in 2009, SEBI had set up legal aid meant for investors who lose money and who approached the forum for aid.She, however, that the forum has never been approached with any application seeking legal aid."What happens is where there are collective schemes and there are more than 1,000 investors they can approach us. There has never been a case where we have been asked for legal aid. Noticees do not want lawyers," she stated..The Court at this point asked the petitioner why parties requiring such legal aid could not approach the district or state level legal aid service authorities.The bench quipped that if the petitioner could point out any instance where legal aid had been denied, that could have been a cause of action to approach the Court."Why should there be an individual panel for each tribunal? You can approach district legal aid. You want legal aid, they will give legal aid. Maharashtra State Legal Services Authorities is applicable throughout the state, they will help you. There is a national, state and district level services authorities. They are doing a good job. If they refuse then you have a justifiable ground. If you have applied to them, and they have refused you, then you can come with reasons and you have right" the Court said..After briefly hearing submissions of all parties, the bench decided to get more information from the Member Secretary of MALSA and posted the matter for hearing on January 18.