HC: State will decide who will fall within the category of essential services [Read Judgment]

On 10 July 2020 the Bombay High Court in the case Imran Mohd. Salar Sheikh v.  The State of Maharashtra and Ors., comprising of Justice SS Shine and Madhav Jamdar, dismissed a PIL seeking exemption of Lawyers from the restrictions of Lockdown.   The court said that “ it is within the exclusive domain of the State Legislature to legislate as to whose services to be included in the essential services, keeping in view the paramount interest of the community.”

The Court opined that “ In our considered view, no mandatory directions, can be issued to the State Legislature to include the legal services rendered by the advocates into ‘essential service ‘ . The directions as sought by the Petitioner cannot be issued to the State Legislature to legislate in a particular manner, and it is for the State Legislature to take an appropriate decision.”

The State is willing to address the problems of the Petitioner and so the Petitioner shall file a comprehensive representation to the State Government on this issue.

The Court was of the view that if the Petitioner approached the State then the State is completely free to take any action in accordance with the law. On this point, it was ordered by the Court that “ In case, such a representation, as submitted by the learned counsel appearing for the Petitioner, is filed by the Petitioner with the Respondents, the Respondents are free to consider the said representation in accordance with law and rejection of the present Writ Petition shall not be construed as an impediment to considering such representation. “

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