Bom HC | “Advocates, their staff are integral part of system dispensing fundamental right of access to justice”: Govt. to take informed decision on advocates request for inclusion in essential services

Bombay High Court: A Division Bench of Dipankar Datta, CJ and Sarang V. Kotwal, J., has advised the Maharashtra Government to take an informed decision regarding the concerns voiced by advocates and their staff. The Court was hearing PILs which sought inclusion of advocates and legal practitioners in the list of essential service providers.

In the present petition, a legal practitioner sought exemption of lawyers and their staff from the restrictions of the lockdown for the purpose of Court work as well as for an order on the respondents to consider the advocates and legal service providers as belonging to the category of “essential services”.

Coordinate Bench Decision

Coordinate Bench on hearing petitioner’s concern, stated that inclusion of a particular category of persons within “essential services” is within the exclusive domain of the State Legislature and that no mandatory direction, much less any direction, can be issued to the State Legislature to categorize advocates and their staff as providing “essential services” and hence had rejected the same. However, liberty was granted to file representation before the State Government. Pursuant to the order, representation was filed before the State but no decision has been taken.

Concerns

Advocates and their staff are not presently being allowed to avail train services. Diasbled thereby, a major section of the advocates have been precluded from participating in whatever physical hearings that are being conducted and in assisting the Courts.

Hence, the bench asked the State to apply its mind and take an informed decision with regard to the concerns voiced by the advocates as well as their staff.

State must not be ignorant that access to justice is now recognised as a Fundamental Right and advocates and their staff constitute an integral part of the entire system, which is dedicated to “delivery of justice”.

Court asked the matter to be placed on 7-08-2020. [Chirag Chanani v. UOI, 2020 SCC OnLine Bom 832 , decided on 31-07-2020]

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