The Division Bench of the Delhi High Court in the case of Pawan Reley & Anr. vs Union of India & Ors. consisting of Justices Vibhu Bakhru and Amit Mahajan held that Section 30 of the Advocates Act, 1961 gives an absolute right to an Advocate to practice before all Courts and Tribunals and would prevail over Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Facts
These writ petitions were filed by the petitioners challenging the vires of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“Maintenance Act”).
The petitioners challenged the constitutional validity of Section 17 of the Maintenance Act, alleging to be in violation of Section 30 of the Advocates Act, 1961 in so far as it prevents Petitioner No. 1, who is a Lawyer representing Petitioner No. 2 in W.P.(C) 3074/2019, from representing Petitioner No. 2 before the Maintenance Tribunal. It was also alleged that Section 17 of the Maintenance Act is also unconstitutional on account of being violative of Article 19(1)(g) of the Constitution of India.
Contentions Made
Petitioner: Reliance was placed on Adv. K.G. Suresh v. Union of India where Section 17 of the Maintenance Act was held ultra vires to Section 30 of the Advocates Act, 1961. Reliance was also placed on a judgment passed by the Division Bench of the Hon’ble Punjab & Haryana High Court at Chandigarh where it was held that party cannot be denied legal representation in view of Section 30 of the Advocates Act, 1961. It was also contended that they would be satisfied if a party before the Maintenance Tribunal is permitted to have a legal representation and if such right is permitted, they do not wish to challenge the constitutional vires of Section 17 of the Maintenance Act.
Respondent: It was contended that the Union of India had not challenged the judgment passed either by the High Court of Kerala or by the High Court of Punjab and Haryana.
Observations of the Court
The Bench noted that in Paramjit Kumar Saroya and Ors v. The Union of India & Ors. it was held by the Division Bench of the Hon’ble Punjab & Haryana High Court that Section 30 of the Advocates Act, 1961 came into force on 15.06.2011 i.e., much after coming into force of the Maintenance Act in the year 2007. Section 30 of the Advocates Act, 1961 gives an absolute right to an Advocate to practice before all Courts and Tribunals and would prevail over the Maintenance Act.
Order
The Bench concurred with the view taken by the Hon’ble Punjab & Haryana High Court and directed that Section 17 would not come in way of legal representation on behalf of the parties before the Maintenance Tribunal.
Case: Pawan Reley & Anr. vs Union of India & Ors.
Citation: W.P.(C) 3074/2019 and CM APPL. 14133/2019
Bench: Justice Vibhu Bakhru, Justice Amit Mahajan
Decided on: 27th September 2022
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