Court Condones Delay in Appeal, Directs Creation of Fund to Support Young Advocates' Access to Law Books
In a landmark decision, the Rajasthan High Court, Jaipur Bench, under the stewardship of Justice Anoop Kumar Dhand, has taken a significant step towards supporting junior advocates. The court has condoned a 450-day delay in the filing of an appeal by Smt. Meena Devi against Rahul Haldiya and others, emphasizing the importance of the legal questions involved. The court's decision came with the stipulation that the appellants deposit Rs. 11,000 in the "Junior Advocates Welfare Fund for purchasing Law Books."
Justice Dhand highlighted the myriad challenges faced by young advocates, especially those who are first-generation lawyers. With inadequate financial resources and a lack of access to necessary law books, many young advocates struggle to establish their practice. The judgment underscores the need for systemic support to ensure these budding lawyers can thrive.
The court has mandated the creation of a dedicated fund aimed at providing financial assistance to junior advocates under 28 years of age, practicing for less than five years. This fund will help them purchase essential law books, thereby addressing a critical gap in their professional development.
Justice Dhand's order goes beyond mere financial aid, urging Bar Councils and Associations to establish comprehensive welfare schemes that also include mentorship and basic facilities for young advocates. The court noted that providing such support is not just beneficial for the advocates but crucial for maintaining a robust and efficient legal system.
The judgment has directed the Rajasthan High Court Bar Association to set up a separate bank account for the fund and to ensure the distribution of aid on a first-come, first-serve basis. The initiative is expected to provide Rs. 5,000 to eligible junior advocates, with the requirement that they submit purchase receipts for law books to ensure the funds are used appropriately.
The court has also called upon senior advocates and experienced members of the Bar to contribute voluntarily to the fund, encouraging a culture of support and mentorship within the legal community. The Bar Associations across Rajasthan, at both district and taluka levels, have been tasked with implementing this scheme and ensuring that the funds are utilized effectively to foster the growth of young advocates.
Justice Dhand's judgment is a pioneering move, setting a precedent for other courts and legal institutions to follow. By addressing the financial and professional challenges faced by young advocates, the Rajasthan High Court is paving the way for a more inclusive and supportive legal environment.
The court has scheduled a review of the compliance with this order on March 6, 2026, and has directed that copies of the order be sent to various legal and government entities to ensure widespread implementation.
Bottom Line:
Delay condonation in filing appeal allowed subject to depositing cost in "Junior Advocates Welfare Fund for purchasing Law Books" to support young and first-generation advocates in their early career struggles.
Statutory provision(s): Limitation Act, 1963 Section 5
Smt. Meena Devi v. Rahul Haldiya, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2854973
