Delhi High Court has issued notice in a plea moved by the Bar Council of Delhi seeking court's direction to allow lawyers residing in NCR to move in and out of Delhi to attend courts and offices.
The Division Bench of Justice Manmohan and Justice Sanjeev Narula has issued notices to the Centre, Delhi Government, Haryana Government and the Government of Uttar Pradesh.
Moved through BCD Chairman KC Mittal, the petition seeks to challenge the decision of the States of Haryana and Uttar Pradesh of sealing the border with Delhi which has made it impossible for lawyers living in NCR region to access courts and their offices situated in Delhi.
While highlighting that the recent MHA guidelines have allowed private offices to operate with limited capacity, the petition cites a statement issued by the Delhi Government on May 08 which states that Chartered Accountants and Advocates shall not be prevented from attending their offices.
'When residents of Delhi are permitted to access their offices, why should lawyers living in the NCR region be deprived of the same', the petition asks.
The petition further states that:
'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.'
Filed through Advocate Amit Prakash Sahni, the petition claims that lawyers living in different parts of UP and Haryana can't be stopped from moving in and out of Delhi to operate their offices and perform their official duties.
Therefore, the petition seeks a direction to the Respondents to allow movement of lawyers, in and out of Delhi, upon production of their Bar Council identity card.
Recently, the Delhi High Court Bar Association had also written a letter to the Chief Justice of Delhi High Court to allow advocates from NCR region to cross Delhi border.
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