Delhi High Court: Suresh Kumar Sait, J., held that any authority whosoever shall not stop any advocate in NCT of Delhi if he or she produces the Bar identity card or any proof of his/her being an advocate.
The instant petition was filed by the petitioner seeking issuance of a writ mandamus directing respondents to comply with the curfew order dated 19-04-2021 with respect to exemptions granted therein and not to insist/demand for productions of e-pass from the petitioner advocate/other advocates for movement in curfew period, contrary to the aforesaid order dated 19-04-2021 which mandated e-pass only for two categories of personnel.
Further another direction was sought towards the Police Commissioner and SHO PS Dwarka North to take appropriate legal and departmental actions against respondent 6 for violating the curfew orders dated 19-04-2021 as well as insisting and humiliating an advocate of this Court by respondent 6.
ASC for State accepted the notice on behalf of the respondents and submitted that vide instructions issued by Delhi Disaster Management Authority, the movement of advocates is allowed during the curfew on the production of valid ID Card.
Further, he added that on the production of the I-Card of the Bar, any advocate will not be stopped by any police officer and any officer comes under the State Government.
Hence, in view of the above stated the instant petition may be disposed of.
Bench added to its conclusion that no officer of any authority shall humiliate any of the Advocates on production of the Bar identity card or other proof, failing which strict action shall be taken against erring officer as per law.
In view of the above, petition was disposed of.[Dharmendra Kumar v. State of NCT of Delhi, 2021 SCC OnLine Del 2565, decided on 25-05-2021]
Advocates before the Court:
For the petitioner: Mr. Yogesh Gaur, Mr. Darshan, Mr. Amar Phogat, Mr. Satish Kumar Paanchal, Mr. Sanjeev Chopra, Mr. Vinod Dahiya, Md. Azam Ansari, Mohd. Mustafa, Md. Ashfaque Ansari and Mr. Dharmendra Kumar, Advs.
For the Respondent: Mr Rajesh Mahajan, ASC for State