The Rajasthan High Court, led by Justice Anoop Kumar Dhand, urged creation of a Junior Advocates Welfare Fund while hearing a motor accident appeal by Meena Devi against Rahul Haldiya from a 2017 Motor Accident Claims Tribunal, Dausa award.
JAIPUR: The Rajasthan High Court has issued important directives concerning financial assistance for junior advocates while considering a request for condonation of delay in a Motor Accident Claims appeal. Justice Anoop Kumar Dhand called for the establishment of a “Junior Advocates Welfare Fund” to support young lawyers in acquiring essential law books, underscoring the need to assist first-generation legal practitioners.
Case Background and Arguments of Parties
The case arose from a Civil Miscellaneous Appeal filed by Smt. Meena Devi and others (the Appellants) against Rahul Haldiya and others (the Respondents). The appellants sought to challenge a judgment and award issued on January 10, 2017, by the Motor Accident Claims Tribunal in Dausa.
However, their appeal was time-barred, being filed with a delay of 450 days. Consequently, the appellants submitted an application under Section 5 of the Limitation Act requesting condonation of this delay.
The appellants’ counsel argued that the delay was due to the appellants’ inability to contact their lawyer, which left them unaware of the Tribunal’s decision. They contended that the compensation awarded was insufficient and that they sought to enhance the amount through their appeal. Thus, they requested the Court to condone the delay to allow the merits of their case to be considered.
Court’s Observations and Analysis
Justice Anoop Kumar Dhand noted that,
“The Court was not satisfied with the reasons/explanation given for the inordinate delay of 450 days.”
However, recognizing that “important questions of law and facts are involved in this appeal,” the Court chose to permit the application with a cost.
In this context, Justice Dhand addressed the systemic issues faced by young lawyers, stating:
“The first generation young budding lawyers have no support to establish their practice and they have no resources to purchase the necessary law books, which are required by them every day.”
He highlighted the financial difficulties encountered by junior advocates, observing that “money problems are very common for Young Advocates” and that “without access to necessary law books, they struggle to prepare cases efficiently.”
The Court emphasized the necessity for institutional support, asserting:
“Support growth, respect young talent and help to create a legal system where every young budding lawyer feels confident and helpful.”
Decision and Directions
The High Court granted the application for condonation of delay, subject to the appellants depositing a cost of Rs. 11,000/-. In a significant advancement for the legal community’s welfare, the Court issued specific directives:
- Creation of Fund: The President and Secretary of the Rajasthan High Court Bar Association, Jaipur, were instructed to establish a separate bank account titled “Junior Advocates Welfare Fund for purchasing Law Books.” The cost imposed on the appellants is to be deposited into this fund.
- Disbursement to Juniors: The Court ordered that Rs. 5,000/- be disbursed from the account to Junior Advocates under the age of 28 who have practiced for a minimum of one year but not more than five years.
- Selection Process: The Bar Association was directed to compile a list of eligible advocates who are unable to afford law books, with disbursements made on a “first come, first serve basis.”
- State-Wide Scheme: The Court instructed the State Government, Bar Council of Rajasthan, and all Bar Associations (from the High Court to Taluka level) to develop a scheme titled “The Rajasthan Advocates (Aid to purchase Law Books) Scheme.” This scheme will establish Purchase Committees to provide one-time aid of Rs. 5,000/- to qualified junior advocates. Beneficiaries must submit cash memo receipts for the books purchased within one month. The Court suggested appealing to Senior Advocates to voluntarily contribute to the fund.
The Court mandated a compliance report regarding the account’s establishment and the disbursement process to be filed, scheduling a follow-up for March 6, 2026. Copies of the order are to be sent to the Chief Secretary, Law Secretary, Bar Council of India, and Bar Council of Rajasthan.
Case Title: Smt. Meena Devi & Ors. vs. Rahul Haldiya & Ors. S.B. Civil Misc Appeal No. 3327/2018
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