Advocates & Their Clerks Can Travel To Courts During Lockdown If Physical Sittings Are Notified : Kerala High Court

The Kerala High Court on Friday allowed advocates and their clerks to travel to Courts during the lockdown, if physical sittings are notified, provided they carry an undertaking in the prescribed format with identity cards."The State Police Chief is directed to instruct all police officers that lawyers are to be given essential access to the courts because otherwise it will be the common man who will be the sufferer, particularly in criminal matters", the Court ordered.Additionally, the Bench allowed for access to advocate offices in emergencies upon verification of credentials by the police officer concerned."Of course, in exceptional circumstances if the lawyer requires access to office also, it will be up to the police officer to verify credentials and take a decision if such an access be allowedA Division Bench of Justices Devan Ramachandran and Dr Kauser Edappagath heard public interest litigation petitions initiated by a lawyer named Melwin Byju, through Advocate G Sreekumar (Chelur) and the All India Jurists Association. Advocate Byju prayed for allowances on movement amid the restrictions imposed in Kerala to curtail the spread of Covid-19 while the Association sought declaration that advocates and advocate clerks provide 'essential services' .Kerala is going into lockdown from May 8 to May 16.When Advocate Byju's petition was last taken up, the State Police Chief had assured the Kerala High Court that advocates and their clerks will be allowed to move to and from their offices, courts, another other legal fora amid restrictions imposed on movement in the wake of the spike in COVID-19 cases in the State of Kerala.Advocates would not be exempt from checking, but would be allowed movement upon production of identity documents and on disclosing where they were headed, the State had submitted on that occasion.In its Order today, the Court directed that the undertaking would continue if there was no complete lockdown.In the event there was a complete lockdown on movement or similar measures, the Court ruled that Advocates and their clerks will be permitted to travel to courts if physical sittings are notified, provided they carry an undertaking in a prescribed format as also their identity cards."The State Police Chief is directed to instruct all police officers that lawyers are to be given essential access to the courts because otherwise it will be the common man who will be the sufferer, particularly in criminal matters."During the hearing today, Advocate John Mani V, appearing for the All India Jurists' Association, sought for a declaration that advocate services be deemed as essential services and that their movement to and from offices be allowed in this light. Advocate G Sreekumar for Advocate Melwin Byju, Advocate Thomas Abraham for the Bar Association, and Advocate Rajit for the Kerala Bar Council sought exceptions to the restrictions imposed, insofar as movement to courts and offices were concerned.Senior Government Pleader Suman Chakravarthy stated that allowing movement during a complete lockdown would be difficult, but indicated his assent to the Court's suggestions. The Court declined to grant the prayer seeking a declaration of lawyers as essential services, noting that it was a policy decision by the government, accepting the Senior Government Pleader Suman Chakravarthy's stance in this respect. The Jurists Association was allowed liberty to approach the government with their representations in this respect.Click here to download the order

Advocates & Their Clerks Can Travel To Courts During Lockdown If Physical Sittings Are Notified : Kerala High Court

Lydia Suzanne Thomas

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