A Division Bench of the Kerala High Court, comprising of Justice Devan Ramachandran and Justice Dr. Kauser Edappagath, in the case of Melvin Byju v. State of Kerala- was informed (by Respondent- Police) that Advocates and their staff are allowed to go to their offices, chambers, or to Court. In the event of being stopped by police personal, showing an ID card would suffice. 

Background of the Case

In this case, the Petitioner named Melvin Byju (a lawyer) was apprehensive of the fact that if the lawyers will be restricted from going out in lockdown then Court work will be affected. Therefore, the Petitioner filed a Writ Petition Civil stating inter-alia that:

"in the circumstances stated in the affidavit filed along with the writ petition the High Court be pleased to direct the respondent-State that it is as well as the law enforcement agencies including the police authorities respectively not to place any restrictions whatsoever with respect to the commute of lawyers in the state of Kerala in connection with their legal practice pending disposal of the instant writ petition."

Reasoning and Decision of the Court

The Court was informed by the Respondent that the apprehensions of the Petitioner were completely baseless. The Police were doing their work by maintaining constant vigilance. They will not disturb the lawyers and their staff commuting to their office.

The Respondent further informed the Court that if any lawyer or staff is stopped, their ID Card can be shown and that no other formality was required.

Case Details

Case: - WP(C) No.11056/2021

Petitioner: MELVIN BYJU

Respondent: STATE OF KERALA

Judge: Justice Devan Ramachandran and Justice Dr. Kauser Edappagath

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Vishal Gupta