Expert Committee Is Completely Ignorant Of Gound Realities: Kerala HC Advocates Association Opposes State Government's 'Unilateral' Court Fee Hike

In a letter addressed to the committee, the KHCAA called upon the Bar Associations across Kerala to call for a General Body meeting and pass a resolution to “strongly deprecate” the unilateral move of the Government of Kerala to hike Court fees.

“What is ironical is that after having increased the court fees and having implemented the same, the Government has appointed the very same Committee/persons to collect views, suggestions and materials from the stakeholders and other official sources. This points out that the committee/persons while making recommendation to hike court fees had no material before them to suggest an upward hike in the Court Fees,” the letter stated.

KHCAA refers to a letter dated May 2, 2024 addressed to the Secretary of the Bar Council of Kerala and to all bar associations across the state and says that the letter “shockingly exposes the attitude of the Government to Justice Dispensation.” The said letter stated that “the revenue from the Judicial establishment in the year 2002- 2003 was 40.89 Cr., but the expenditure towards the dispensation of Justice was Rs.97.11 Cr”, treating court fees as revenue—a misplaced concept as per KHCAA.

Drawing attention to the elementary function of the State as held by the Supreme Court in Sunil Saini v. State of Haryana (2023), the KHCAA noted the state's primary duty to protect the lives and properties of its citizens.

“It is unfortunate that the Committee that is headed by a Former High Court Judge did not take into consideration basic aspects like access to Justice and the duty of the State to provide access to Justice while making the recommendation. It is even more unfortunate that the same former Judge is now hearing what was done wrong by his own advice,” KHCAA remarked.

“A government that is too concerned about the expenditure on Administration of Justice is spending public funds to again justify its act and/or reverse an act it took without any study' by having a committee move around the State of Kerala. It is very clear that the joke is on the people of Kerala,” the letter stipulated.

Expressing disappointment over the political divisions within the Bar, the KHCAA notes the failure of the reconstituted Bar Council of Kerala to address critical issues such as the court fee hike and the stalled Advocates Protection Bill.

KHCAA expressed that it was unfortunate that politics “played havoc with the unity” of the Bar members who seemed to be strongly divided on political lines when it came to such decisions. The KHCAA noted the failure of the reconstituted Bar Council of Kerala to address issues affecting advocates and the failure to pass the Advocates Protection Bill.