Bombay HC dismisses petition seeking to exempt lawyers from lockdown restrictions

Source: Hindustan Times dated 16.07.2020

Link to the article: https://www.hindustantimes.com/india-news/bombay-hc-dismisses-petition-seeking-to-exempt-lawyers-from-lockdown-restrictions/story-6shmff7VwJrSjCAgwcDD5I.html

-- Kanchan Chaudhary

Shaikh had filed the petition after Mumbai Traffic Police had stopped him recently, when he was on his way to Mumbai city civil and sessions court on his two-wheeler and imposed a fine of Rs 500 for flouting lockdown restrictions.

The Bombay high court (HC) last Friday dismissed a petition seeking exemption for lawyers and their staff during the nationwide lockdown restrictions, which were enforced from March 25 to contain the spread of the raging coronavirus disease (Covid19) outbreak, and also refused to buy into the argument that they are essential service providers like other frontline workers battling the pandemic.

“In our considered view, no mandatory directions can be issued to the state legislature to include the legal services rendered by the advocates into essential services (as contemplated under Maharashtra Essential Services Maintenance Act, 2017),” said a two-member HC bench, comprising Justices SS Shinde and Madhav Jamdar, while rejecting the petition filed by advocate Imran Mohammed Salar Shaikh.

He had moved the HC, through advocate Kareem Pathan, seeking a direction to Maharashtra government to include services rendered by lawyers as an essential one and exempt them and their staff from the prevailing lockdown restrictions.

Shaikh had filed the petition after Mumbai Traffic Police had stopped him recently, when he was on his way to Mumbai city civil and sessions court on his two-wheeler and imposed a fine of Rs 500 for flouting lockdown restrictions.

Advocate Pathan argued that lawyers across the country were attending courts even during the lockdown, and consequently directions to the state government were necessary to exempt lawyers and their staff from lockdown restrictions by including their services as an essential one.

He also prayed before the court to waive off the fine imposed on the petitioner by Mumbai Traffic Police.

The HC, however, expressed its inability to entertain the petition and issue directions to the state government as prayed for.

The bench said, “It is within the exclusive domain of the state legislature to legislate as to which services to be included in the essential services, keeping in view the paramount interest of the community.”

The bench has, however, allowed the petitioner to file a comprehensive representation to the state government raising the issues put forth in the petition.

It has clarified that the dismissal of the petition shall not be construed by the government as an impediment in deciding the representation filed by the petitioner.