HC: Advocates and their Staff are Vital to the Justice Delivery System [Read Judgment]

On 31^st May, 2020 the Bombay High Court in the case Chirag Chanani and Ors. v. Union of India and Ors. held that the State should not adopt a callous attitude towards the Advocates and their staff members as they are an integral part of the Justice Delivery System.

This PIL was in reference to the PIL that was filed for including the lawyers within the list of ‘ essential services’. The said PIL was rejected by the High Court by the order dated 10 July, and said that the people who will fall within the category of ‘ essential services’ is the concern of the State Legislature and it shall decide this matter.

In the same case, only the Respondent that is the State was willing to address the grievances of the Petitioner. The Court gave an opportunity to the Petitioner for filling a comprehensive representation before the State Government.

However, the Petitioner filed the representation as per the order, but no action was taken in this regard. The Bench opined that due to prevailing conditions of Lockdown the Lawyers are facing adversities, as many do not own private vehicles. The train services are already shut but the physical hearings are allowed.

It said that” Having regard to the present crises that the nation is facing owing to the pandemic, Court functioning through physical hearings is under suspension in Mumbai although virtual hearings are taking place. In some of the Courts, physical hearings are being conducted in a very limited manner. The High Court, while conducting hearings through the virtual platform only, has permitted physical fillings. The Advocates and their staff cannot avail of the train services as the people having the passes can only travel by trains.

The Additional Solicitor General, Anil Singh said that the State has been requested by the Railways to identify “ essential services” so that the difficulties of the people can be solved to some extend. The State is yet to respond regarding this matter.

The Court ordered that the State must take an appropriate decision in view of the adversities of the Advocates and their staff members. It must not ignore the fact that access to justice is now a Fundamental Right and the Advocates and their staff members constitute an integral part of the’ justice delivery system’. The interests of the Petitioners shall be the priority and the Sate shall take appropriate measures to solve their problems.

In view of the above reasons this order was passed by the Bombay High Court. The next of hearing is fixed for 7 August, 2020.

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