Haryana, UP Allowing Advocates to Travel to Delhi with E-passes: HC Told
The Delhi High Court was informed on Monday that the Haryana government has decided to allow advocates to travel to the national capital and it has started issuing them e-passes for inter-state transit during the COVID-19 lockdown.
New Delhi, May 18 (PTI) The Delhi High Court was informed on Monday that the Haryana government has decided to allow advocates to travel to the national capital and it has started issuing them e-passes for inter-state transit during the COVID-19 lockdown.
The court was also told by the Uttar Pradesh government that the lawyers who want to travel to Delhi from Gautam Budh Nagar and Ghaziabad to attend their offices and professional work can contact the respective nodal officers who will issue them a one-time pass.
A bench of Justices Siddharth Mridul and Talwant Singh, which conducted the hearing through video conferencing, took on record the submissions of the counsel for the neighbouring states and listed the matter for further hearing on May 20.
The high court was hearing a petition by Bar Council of Delhi (BCD), through its Chairman and advocate K C Mittal, challenging the decision of the neighbouring states restricting the movement of advocates, who reside in the NCR areas, to visit their offices and attend courts in the national capital.
The counsel for the Haryana government said the state has put the process on auto mode to expedite issuance of e-passes.
During the hearing, Mittal said the performa uploaded for issuance of e-passes by nodal officers of districts Gautam Budh Nagar and Ghaziabad, do not have column for advocates and it is only for issuance of Inter-district movement within Uttar Pradesh.
He said for inter-state e-passes, the separate performa has to be provided along with including advocates in the category for issuance of e-passes. He added that the e-passes should be issued within half an hour of the application and should be valid for at least one week, to avoid daily inconvenience, as has been done by the Haryana government.
The plea referred to a May 1 order of the Central government permitting the use of private offices during the lockdown and contended that advocates, who are residing in neighbouring areas of Delhi, like Noida and Gurugram, are also entitled to travel to the national capital and use their offices.
The Delhi government has supported the petition.
The petition, filed through advocate Amit Prakash Shahi, said that on May 8, the Delhi government has issued a statement according to which Chartered Accountants and advocates cannot be prevented from attending their private offices.
“The advocates residing in different towns of Uttar Pradesh 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 for Ingress and egress from their place of Residence to attend their offices.
“The non-permitting of advocates to cross the border by the officials and authorities at the border of respondents no. 2 (UP government) and 3 (Haryana government) is in violation of fundamental rights under Article 19 (1)(d) (right to freedom of movement) and 301 (freedom of trade and commerce) of the Constitution and their action is highly arbitrary and illegal,” the plea said.
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