COVID-19 Lockdown Telangana High Court Exempts the Movement Restrictions for Advocates and Staff

(Judicial Quest News Network)

The Single Judge bench of Telangana High Court while disposing of two writ petitions filed by practicing advocates has on Wednesday directed the State authorities to ensure that no hindrance is created to the movement of Advocates, their clerks, stenographers and typists during the COVID-19 lockdown.

The petitions had come up for hearing on 27-05-2021 and on that day, learned Advocate General made a statement that he had advised authorities to ensure the practicing lawyers are not to put to hardship while travelling to courts and offices.

The single Judge Bench of Justice K Lakshman passed the direction.

It is also argued by the Advocates that their services cannot be time-bound.

Earlier the government of Telangana had permitted advocates to move between 2PM to 5PM.

It was also submitted that There are matters including Public Interest

litigations with regard to Covid-19 issues etc., ‘to be represented by

the Advocates and they have to file petitions and counters etc.

Therefore, the Advocates have to work round the clock

The court has also warned the petitioners not to misuse the liberty being granted to the lawyers and staff.

This order is being issued doe to the non-compliance of the order, police officials are registering cases and advocates are filing bail applications and writ petitions challenging said actions.

The observed that Learned Advocates are social engineers and they have to stand on behalf of the citizens, who challenges the illegal actions or state as defined under Article 12 of the Constitution o1’India. Thus, according to this Court, the advocates and their clerks and subordinate staff like stenogralthers/typists are to be exempted to enable the learned Advocates to provide effective professional service to litigants.

Though this Court in Suo-moto PIL No.3 of 2021 directed the said authorities not to proceed with the demolitions, dispossessions and etc., during the lockdown period till 30.06.2021, there are complaints in several writ petitions with regard to the illegal demolitions and dispossessions. All the said authorities are proceeding with the demolitions and dispossessions. The Police officials are registering cases against the accused with regard to several offences. They are also arresting the accused and producing them before the courts concerned. Therefore, the Advocates are filing bail applications and also writ petitions challenging said action of the dispossessions and demolitions etc.

Whole citing an order of the Delhi High Court At the cost of repetition, it is relevant to note that the Delhi High Court in the order dated 25.05.2021, directed the officers not to humiliate the advocates on production of the Bar identity card or other proof, failing which strict action shall be taken against the erring officers as per law.

Reliance was also placed on in the order dated 07.05.2021, the Division Bench of High a lawyer as a social engineer to address the grievances of their clients and other issues directed the said police Chief, to instruct all the police officers to ensure that the lawyers are come under essential access to the Courts etc.

The petitioner was represented by Advocate P.Vishnuvardhan Reddy Special government pleader P.Radhieve Reddy appeared for the State

[Read the Order]