The Delhi High Court on Wednesday has directed the Government of Uttar Pradesh to issue weekly e-passes to lawyers living in NCR region in order to enable them to move in and out of Delhi.
A Division Bench of Justice Hima Kohli and Justice Subramonium Prasad heard the matter, whereby it has asked the UP Government to comply with the court’s order by tomorrow 10 am, and to follow the same model of weekly e-passes which is being followed by the Haryana Government.
The Court passed its order on the petitions filed by the Bar Council of Delhi and the Delhi High Court Bar Association, which had raised the concerns regarding the restriction on the movements of advocates from two neighboring states i.e.Haryana and Uttar Pradesh.
On Monday, bench of the Delhi High Court headed by Justices Vipin Sanghi & Rajnish Bhatnagar was informed by Haryana Government that in respect of advocates, a separate category has been included for issuance of e-passes on weekly basis, and the e-passes are routinely being issued without any delay, i.e. within a matter of few minutes – up to thirty minutes.
The court had suggested the Uttar Pradesh Government to allow entry of Advocates freely in between Delhi and UP on the same basis as Haryana Government is allowing by issuance of weekly passes.
The Court had said that, “We find that movement of advocates between the said two States and the NCT of Delhi, in such like cases – where the advocates are residing in one or the other State, and working in the NCT of Delhi, should be permitted within reasonable limits, since legal services are essential services. The advocates represent their clients in cases to protect and advance their rights – including fundamental rights, which may be at stake, and to deny such litigants the right to avail of legal services through their engaged advocates, would be denial of such rights.”
“The rights of such advocates to earn their livelihood – which is a facet of the Right to Life and Liberty, and their freedom to carry out the profession, are also at stake. The same cannot be completely denied and can only be regulated with reasonable restrictions. So far as the State of Haryana is concerned, we are satisfied with the system in place, which shall continue to operate unless there is good reason to alter the same,” Said by the Court.
-India Legal Bureau