SC issues notice in PIL challenging TN Bar Council order suspending 5,970 advocates for unpaid Welfare Fund dues

The Supreme Court has issued notice in a public interest litigation petition (PIL) challenging the recent notification by the Bar Council of Tamil Nadu and Puducherry(TN Bar Council) suspending 5,970 advocates over non-payment of subscription dues meant for the Advocates’ Welfare Fund..The Bench of Justices SA Bobde and Abdul Nazeer issued notice today in the PIL filed by advocate Sabarish Subramanian..Advocate Gopal Sankaranarayanan appeared for Subramanian..The notification issued on March 22 had intimated that the advocates named would not be allowed to practice in any court, Tribunal or other authority till the payment of the subscription dues..Subramanian’ petition notes that every advocate who enrols with the Bar Council of India (BCI) has to pay Rs 11,000 to the State Bar Council and Rs 3000 to the BCI. Subramanian says that the BCI used to collect subscription dues for the Advocates Welfare Fund once in three years for advocates enrolled before 1993. For those enrolled after 1994, the dues were collected along with enrolment fees as a one-time payment..In this background, the petition states that most of the 5,970 advocates received no notice from the BCTN for payment of dues to the Advocates Welfare Fund. The petition states,.“…at the time of State Bar Council and Bar Council of India Election the member of Bar Council uses all latest technologies to reach out each members of the Bar to canvass their votes. However, to suspend 5970 advocates, the State Bar Council and Bar Council of India did not take any necessary steps to serve the warning notice to the concern advocates who defaulted their payment of Advocates welfare fund.”.It is also stated that the advocates should have been granted at least three months to make the payment towards the Advocates Welfare Fund..The petition goes on to state that some of the 5,970 advocates mentioned in the notification have already passed away, showing that the Bar Council did not bother to update its list of enrolled members..Therefore, it has been prayed that the BCI update the list of advocates enrolled with it from every state, along with their latest address and phone number. Further, a direction to the BCI to serve notice through WhatsApp/SMS apart from post/courier has also been called for..A direction to the BCI to keep the notification in abeyance for at least 60 days has also been sought..On a related note, a similar plea was moved before the Madras High Court by the Madras High Court Advocates’ Association earlier this week. After the petition came up before a Bench of Justices N Kirubakaran and R Pongiappan on Tuesday, the TN Bar Council agreed to keep the notification in abeyance for a period of two weeks. The matter before the High Court is posted to be taken up next on April 11..Read the order below.