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'Movement of Lawyers in and out of Capital': Bar Council of Delhi reaches High Court


Delhi High Court
12 May 2020
Categories: Latest News

The Delhi Bar Council has been trying to facilitate inter-state movement of Lawyers off lately as their Offices resides in the Capital and not everyone of them is tech-savy.

Since the Lockdown 3.0 has been lenient in its vitue, they have wrote to the High Court earlier regarding the issuance of passes for the same in coordination with the State Governments and Police Department.

Now it has moved a plea before the Delhi High Court for the same.

The plea sought Court's direction to allow Lawyers to move in and out of Delhi to attend Courts and Offices.

The petitioner, BCD Chairman KC Mittal, has sought to challenge the decision of the States of Haryana and Uttar Pradesh of sealing the border with Delhi which has made it impossible for Lawyers living in NCR region to access courts and their offices situated in Delhi.

It highlighted that the recent MHA Guidelines have allowed private offices to operate with limited capacity citing a statement issued by the Delhi Government on May 08 in which it was stated that the Chartered Accountants and Advocates shall not be prevented from attending their offices.

The petition stated:

"When residents of Delhi are permitted to access their offices, why should lawyers living in the NCR region be deprived of the same. The non-permitting of advocates to cross the border by the officials and authorities at the border of respondents no. 2 (UP government) and 3 (Haryana government) is in violation of fundamental rights under Article 19 (1)(d) (right to freedom of movement) and 301 (freedom of trade and commerce) of the Constitution and their action is highly arbitrary and illegal."

The petition further claimed that Lawyers living in different parts of UP and Haryana can't be stopped from moving in and out of Delhi to operate their offices and perform their official duties.

In this view, the petition sought a direction to the Respondents to allow movement of Lawyers, in and out of Delhi on presenting their indentity cards.

The petition has been filed through Advocate Amit Prakash Sahni.



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