On Wednesday, the Delhi High Court asked the Government of UP to issue E-passes to lawyers. E-passes enable the lawyers living in the NCR Region to move in and out of Delhi.
A division bench, consisting of Justice Hima Kohli and Justice Subramonium Prasad heard the matter. The Bench asked the UP Government to obey the orders. The Bench asked UP Government to follow the system of e-passes as the Haryana Government.
Petition’s details
The Bar Council of India and Delhi High Court Bar Association filed the Petition. The concern raised by the Petition is about the restrictions on the travel of Advocates. restrictions were of movement between two neighbouring states i.e. Haryana and UP.
Order passed
The Order was by a Division Bench, consisting of Justice Hima Kohli and Justice Subramonium. In the order, they asked the UP Government to issue the e-passes for the movements of the Advocates.
On Monday, the Haryana Government contacted the Delhi High Court regarding the matter of the issuance of e-passes weekly. The government shall issue these passes without any delay.
Court’s decision
The court said that
“We find that movement of advocates between the said two States and the NCT of Delhi, in such like cases – where the advocates are residing in one or the other State, and working in the NCT of Delhi, should be permitted within reasonable limits since legal services are essential services. The advocates represent their clients in cases to protect and advance their rights – including fundamental rights, which may be at stake, and to deny such litigants the right to avail of legal services through their engaged advocates, would be a denial of such rights.”
The court also said that
“The rights of such advocates to earn their livelihood – which is a facet of the Right to Life and Liberty, and their freedom to carry out the profession, are also at stake. The same cannot be completely denied. It can be regulated with reasonable restrictions. So far as the State of Haryana is concerned, we are satisfied with the system in place, which shall continue to operate unless there is good reason to alter the same.”
Additionally, the court suggested the UP Government allow entry of Advocates. The entry should be free between Delhi and UP. On the same basis as Haryana Government has done with the issuance of e-passes.
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