MELWIN BYJU v. STATE OF KERALA AND ORS.
Facts
The petitioner filed a writ petition (civil) praying that in the current circumstances, asked the High Court to direct the respondent State authorities as well as the law enforcement agencies including the Police authorities respectively not to place any restriction’s 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. The petitioner voices an apprehension that, on account of Government Order, advocates and their clerks may be interdicted by the police force from attending their offices, chambers, courts and other legal forums.
Arguments
The plea stated that lawyers play a key role in the administration of justice and facilitate access to justice, which is a fundamental right under Article 21 of the Constitution. The continuous functioning of the Judiciary cannot be put to rest, it has to keep functioning at all times along with the involvement of the advocates and therefore through its very nature services rendered by Advocates, Advocates Clerks and their offices is an essential service as the same caters to the citizens fundamental right to access to justice through an Advocate enshrined under Article 14, 21 and 22(1) of the Constitution, further takes issue with the fact that print and electronic media have been included within the category of essential service workers. The petitioner’s plea takes issue with the fact that print and electronic media have been included within the category of essential service workers. The petitioner also aggrieved by apparent arbitrary discrimination being done by the 1st and 2nd respondents (state) against the entire fraternity of legal profession by not including them in the category of essential service, whereas the respondents have included even print and electronic media in the category permitted to function during the Covid pandemic, also aggrieved by apparent arbitrary discrimination being done by the 1st and 2nd respondents (state) against the entire fraternity of legal profession by not including them in the category of essential service, whereas the respondents have included even print and electronic media in the category permitted to function during the Covid pandemic.
Court’s observations
The police are only maintaining constant vigil and will not disturb the professional functioning of any lawyer or their office staff. It is also observed that if any advocate or clerk is stopped by the police, it will be sufficient that they show their identity cards and explain where they are going and if they are proceeding to their offices, chambers, courts and other legal forums, they will not be stopped in any manner.
Court’s decision
Advocates and their clerks will be allowed to their offices, courts, another legal forum amid restrictions imposed on movement in the wake of the spike in COVID-19 cases in the State of Kerala.
The case was adjourned to May 7th
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