The Delhi High Court on Monday has asked 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 said, “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, said the bench of Justices Vipin Sanghi and Rajnish Bhatnagar while hearing the matter through video conferencing.
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, the Court noted in its order.
The Court was informed by the Counsel appearing for the State of Haryana, Mr. Anil Grover 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. He further submitted that the purpose of regulating entry to and fro, by issuing entry passes is to keep a track so that any person – who is later found to be Covid positive, and who may have travelled inter state, can be traced to prevent further spread of the viral infection. There is no insistence on the e-pass being shown in printed form at, and it is sufficient for the person concerned to show the e-pass on his mobile phone itself, apart from the Identity Card to establish the fact that the e-pass has been issued to the person actually travelling, he said.
The Delhi High Court was not inclined to pass any direction with regard to the entry of Advocates on the basis of their identity cards alone and said in case, at the Border/ Barrier, if the checking authorities find any reason not to accept the Identity Card, the same may lead to a fracas and congestion – which is best avoided in the present situation. The same may lead to slowing down the traffic and also congregation of persons at the Barrier – which cannot be permitted. Since the system of issuance of weekly e-passes is in place and has been made operational, we do not consider it proper to interfere with the same at this stage.
“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 the Court.
The Court was informed by the Counsel appearing for the State of Uttar Pradesh, Mr. Diwakar that some arrangement has been entered between Supreme Court Bar Association and the local administration of Ghaziabad and Noida Districts and he sought some time to take further instructions and report back.
The Court directed the State of UP to adopt same method for issuance of e-passes on weekly basis, as has been evolved by the State of Haryana. The State of UP shall consider these aspects before the next date said the Court and list the matter for hearing on May 20.
The Court was hearing the petition filed by the Delhi High Court Bar Association, President Sr Adv Mr Mohit Mathur and its Honorary Secretary Mr. Abhijat seeking directions to the State of Haryana and the State of Uttar Pradesh (UP), to allow unhindered movement of advocates – who are residing in the said two States but have their offices in Delhi and are practising in Delhi Courts, subject to safeguards laid down by the respondent No.1/ Union of India (UOI) in its guidelines.
Read the full order here;
64318_2020-India Legal Bureau