Lawyers must be allowed to commute in Local Trains: High Court issued a Notice to the State [Read Notice]

On July 8, 2020, the Bombay High Court in the case Chirag Chanani v. Union of India and Ors issued a notice to the State seeking its response on the issue of preventing the legal practitioners from traveling in the local trains.

Three Bombay High Court Lawyers, Advocates Chirag Chanani, Vijay Kumar and Submit Khanna represented by Advocate Shyam Dewani filed a petition in this regard. A Circular issued by the Divisional Railway Manager’s Office dated June, 19,2020 has clearly stated the categories of workers that are to be included in the ‘ essential services staff ‘.However,  the lawyers are not included in this list knowing the fact that their services are essential.

The Petitioners contended that the Lawyers are a means through which justice is delivered and they are directly dealing with the public at large, their services shall be considered worthwhile and essential.

In the Case All India Justice Association v. Union of India the Super Court stated that ‘ administration of Justice and the part to be played by the Advocates in the system must be looked into from the point of view of the litigant public and the right to life and liberty guaranteed under Article 21  and right to free legal aid as contemplated under Article 39A of the Constitution of India ‘.

As the Courts are functioning now, there are many legal practitioners who have to travel from far off places and so it is inevitable to consider the travel provisions of Lawyers / Advocates by State Authorities.

 Earlier on June 29, 2020, the Chairman of the Bar Council of Maharashtra and Goa had requested that the Advocates and the Staff of the Bar Council shall be permitted to commute by local trains.

The Division Bench comprising of Justices AA Sayed and MS Karnik has asked the State and the Railway s Commissioner to explain it’s stand in this issue through an affidavit. The next date of hearing is fixed for July 12, 2020.

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