A Division Bench of the Kerala High Court comprising Justice Dr. Muhamed Mustaq and Justice Dr. Kauser Edappagath, while dealing with a PIL seeking priority vaccination of Court Staff and Practising Lawyers, has observed that the Court Staff and Practising Lawyers played a vital role in delivering Justice and that without them, it was not possible for the Court to render its functions properly.
“If the Government has decided to give priority to the judicial officers and staff of the High Court and Subordinate Courts, for the same reason, the practicing lawyers and the clerks should also be given priority, as they are indispensable part of dispensation of justice and without their participation, it is impossible for the institution to function."
Reasoning and Decision of the Court
The Court looked into the Order passed by the Government on 2nd June in which practising lawyers and clerks were missed out from the Priority list for vaccination. The Court made remarks highlighting the importance of practising lawyers and clerks by expounding that the Government remained oblivious to the plight of the lawyers and clerks, who were an indispensable part of the administration of justice.
The Court further held that,
“in the administration of justice, lawyers and clerks have equal participation and without their active participation, the institution cannot discharge their duties.”
The Court also affirmed the submission of the Counsel which was to the effect that the entire exercise of including judicial officers and staffs in the High Court and Subordinate Courts in the priority, the category would become meaningless if practising lawyers and clerks were not included.
The Court also noticed the issue of old age citizens who had no one to take care of them. The Court made reliance on Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which entails that duty is cast upon the State to ensure medical support to the senior citizen, and instructed the Government to “makes every effort to ensure that bedridden patients, as well as senior citizens who cannot move out, are provided vaccination at their residence itself.”
Therefore, the Court posted the matter after two weeks and direct the Government to include the practising lawyers and clerks in the priority category for Covid 19 vaccination along with the judicial officers and other staffs in the light of Government Order dated 2.6.2021.
"Needful shall be done within a period of 10 days."
Case Details
Case: - W.P.(C).No.11312 of 2021
Judge: Justice Dr Muhamed Mustaq and Justice Dr Kauser Edappagath
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