The present writ petition (Bar Council of Delhi v. Govt. of NCT of Delhi and Ors) was moved before the High Court of Delhi by the Registry considering the urgency of the matter.
The present petition was filed by the petitioner to restrain the respondent from obstructing the movements of advocates, in and out of Delhi. It was stated in the petition that such movement shall be allowed upon the production of the advocates’ Bar Council Identity Card.
The petition further challenged the decision of Haryana and Uttar Pradesh of sealing the border with Delhi. This decision has made it impossible for the advocated who live in NCR region to commute to courts situated in Delhi.
Petitioner’s Submissions
The Petitioner cited the statement issued by the Delhi Government on the 8th May regarding the movement of Chartered Accountants and Advocates. It stated that CAs and Advocates shall not be prevented from attending their offices.
It was argued by the petitioner that if the residents of Delhi are permitted to access their offices, why should lawyers living in NCR region be deprived of the same.
It was stated by the petitioner that
“The non-permitting of advocates to cross the border by the officials and authorities at the border of Respondent 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”.
It was also stated by the petitioner that it had recently written a letter to the Chief Justice of Delhi High Court to allow advocated from NCR to cross Delhi border.
Respondent’s Submissions
Respondent No. 1 (Govt. of NCT of Delhi) supported the petition, whereas State of Haryana and Union of India sought time to obtain instructions.
Court’s Observations
The High Court of Delhi, on the 12th May, issued a notice to the Centre, Delhi Government, Haryana Government and the Uttar Pradesh Government. Respondent no. 1, 3 and 4 have accepted the notice. The court further directed to issue a notice to respondent no.2 (Government of Uttar Pradesh) by all modes including dasti.
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