The Supreme Court received a writ petition. The Petitioner claimed there was a violation of Article 21 of the Constitution of India. Article 21 confers ‘Right to Life and Personal Liberty’.
Facts of the Case
This Petition is on behalf of the Supreme Court Bar Clerk’s Association before the Apex Court. The Petition sought directions for the Centre to pay ₹15,000 monthly to every member.
The pandemic has brought a financial crisis along for everyone. The Petition is a way to deal with the financial ramifications of COVID-19.
The Association stated that members had not gotten their basic salaries in months. Further, it also claimed violation of Right to Life under Article 21.
Petitioner’s submission
The Petitioner submitted
“Most of the clerks are on the verge of penury having absolutely no money to even look after basic facilities, likely the health and education of children and even arranging food for their family members. Thus, there is a grave violation of the Article 21 of the Constitution because of the action/inaction of the Respondents (Centre and State Governments) where no alternative has been provided to the persons like the members of the Petitioner Association.”
Further, the Petitioner submitted
“The Union had announced a 20 crore financial aid pack in May, which covers small scale industries, migrant workers and other financially distressed groups of persons. However, no such scheme has been formulated for the members of the Petitioner Association and other similarly placed persons, in the profession of “Clerk”, which is prevalent all over India. These members are an integral and indispensable part of our legal system, and their survival must be given utmost importance.”
The Petitioner stated that despite believing that things will improve, nothing changed. Even now, there is not much work. Moreover, it is vague about when the situation will be back to normal.
The Petitioner complained that the Government had not taken any action on the issue.
Court’s Observation
Justices Ashok Bhushan, SK Kaul and MR Shah, heard the matter.
“How can the Centre pay for them? Tomorrow anyone will come and ask for payments from the Centre” – the Bench stated.
“Please do not encourage them to take up litigation”, Justice Kaul added. The Petitioner requested to represent the matter before the Bar Council of India.
“How can the Bar Council take it up?” – stated Justice Bhushan.
The Bench urged the Petitioner to withdraw the Plea without granting any liberty.
Court’s Decision
The Hon’ble Court refused to entertain the Plea. The Bench directed the Petitioner to withdraw the Plea.
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