Will endeavour to resolve lawyers' grievances for crossing border to attend office: Centre assures Delhi HC
May 12, 2020
New Delhi [India], May 12 : Central government on Tuesday assured Delhi High Court that an endeavour would be made to resolve the grievances regarding permission to lawyers residing in the National Capital Region (NCR) to cross the border to attend their offices in Delhi.
A single-judge bench of Justice Prateek Jalan was hearing public interest litigation, filed by the Bar Council of Delhi, seeking to grant permission to advocates in the NCR to commute to their private offices in Delhi on the basis of the identity cards.
Additional Solicitor General Maninder Acharya, during the hearing held through video conference, assured the court that an endeavour would be made to resolve the grievances raised in the petition to permit lawyers to cross the border to attend their private offices in Delhi.
In the petition, BCD Chairman KC Mittal raised the issues of advocates, who are residing in the neighbouring towns of Uttar Pradesh and Haryana, practicing in Delhi and wanted to attend their offices to prepare for their cases.
Mittal, during the hearing, submitted that in view of guideline 7(F) issued by the Ministry of Home Affairs (MHA) on May 1, 2020, operation of private offices has been permitted.
"As such lawyers within Delhi and outside Delhi are entitled to come to their office and attend to their work. The lawyers residing in NCR aren't being allowed to cross the border by Haryana and Uttar Pradesh, though they are bound by the guidelines issued by MHA dated May 1, 2020, and the movement of lawyers cannot be restricted in violation of Article 19(1)(d)," he said.
Advocate Sunil Vashisht, appearing for the government of NCT Delhi, fully supported the petition and made a categorical statement to the permitted use of private offices by lawyers and that they should not be prevented by neighbouring states.
On the other hand, advocate Anil Grover appearing for Haryana opposed the petition and said that there was no appearance on behalf of the state of Uttar Pradesh.
The petition said that Haryana and Uttar Pradesh governments are not permitting the advocate to cross the borders to reach their offices and cited Union of India statement according to which Chartered Accountants and Advocates cannot be prevented from attending their offices.
As per revised guidelines of Ministry of Home Affairs for the opening of private offices, advocates cannot be prevented from coming to their respective offices, the plea said.
It said that advocates residing in different towns of UP and Haryana are entitled to enter Delhi and open their offices and respective governments, their officials and agents cannot prevent the advocates from crossing the border from their place of residence to attend their offices.
