Permission For Lawyers To Travel In Local Trains : Final Decision Likely By Thursday, Maharashtra Govt Tells Bombay High Court

The Maharashtra government sought time till Thursday to take a final call on whether to allow lawyers from the Mumbai Metropolitan Region to travel by local train. The state informed the Division Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni that railway officials did have a meeting with senior members of the Bar Council of Maharashtra and Goa, and a tentative procedure was decided on Saturday. However, during the meeting, railways authorities insisted on a letter from the State Disaster Management Authority (SDMA), before lawyers are allowed on local trains, Advocate General Ashutosh Kumbhakoni submitted. He added that SDMA is reluctant to issue such a letter. Kumbhakoni assured the court that he would be meeting the Chief Minister - who is also the Head of the State Disaster Management Authority – and come back with a positive response by Thursday. "We had a meeting. I was there, learned ASG, railway officials, and the officials were also present. We have tentatively decided on a procedure. First, lawyers will approach concerned Bar Associations or Bar Council and produce their vaccination certificates. Then authorities will certify they are fit to travel by observing the Covid protocol. Accordingly, passes will be issued" Regarding SDMA's reluctance, the Chief Justice remarked, "If you compare, the situation between last year and this year is very different. In the sense, we are vaccinated now. That should weigh on the minds of authorities...Otherwise, what is the benefit of the vaccine? After taking the vaccine, people are not supposed to sit at home; they are supposed to work and earn their livelihood. Courts have begun functioning ... Lawyers will have to come to court. Spread the net wide. Not only for lawyers but also for people coming from other walks of life."Senior Advocate Milind Sathe for the Bar Council of Maharashtra and Goa said that the maximum number of lawyers who intend to travel by the local train in Mumbai would be 1000, 3000-4000 were figures for the entire Mumbai Metropolitan Region. Justice Kulkarni asked if there is a plan for easing restrictions further and allowing train travel for the entire vaccinated population, as the uncertainty is affecting everybody. "Advocate General, is there any comprehensive plan in association with all stakeholders..regarding the entire population that is vaccinated. It is imperative to work on such a plan because otherwise, this suspended position and uncertainty is affecting everybody. And some, to such a great extent, with the burden on finances and road travel. A one-way journey from Dahisar is 3 hours. Why can't the population travelling by road not take trains?" Kumbhakoni said there was no plan in place yet, but the state is working in that direction as of now.Case Title: Bar Council of Maharashtra and Goa v. State of Maharashtra

Permission For Lawyers To Travel In Local Trains : Final Decision Likely By Thursday, Maharashtra Govt Tells Bombay High Court

Sharmeen Hakim

Tags