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Delhi HC directs Home Ministry and CISF to examine issues over entry to NCLAT premises

Team SoOLEGAL 6 Jun 2018 1:30pm

Delhi HC directs Home Ministry and CISF to examine issues over entry to NCLAT premises

While hearing a petition filed by the National Company Law Tribunal (NCLT) Bar Association, the Delhi HC directed the Home Ministry and CISF to look into the matter related to the inconvenience caused to lawyers in entering the premises of the NCLT and National Company Law Appellate Tribunal in Delhi (NCLAT).

The case was heard by a vacation bench comprising Acting Chief Justice Gita Mittal and Justice C Hari Shankar, who dealt with the two grievances of the petitioner.

The first grievance of the petitioner was with regard to “daily pass issued”.

During the first hearing, the petitioner contended that in order to get entry passes, advocates were forced into spending a lot of time by standing in long queues. The petitioner further challenged the NCLAT entry process, which demanded the advocates to provide their information and personal details every day besides showing their identification document.

Subsequently, the process of accepting online applications for temporary passes was started by the Ministry of Home Affairs.

Representing the petition, Senior Advocate AS Chandhiok, informed the Court of the online applications, but showed that the pass was valid only for a temporary period, in his case till 9th November, 2018. To this, the court expressed its disapproval of the passes being issued for short periods.

“There does not appear any reasonable justification for issuing such a short tenure pass”, the court said.

The court further said that “any method of verification of such cards, the procedure followed by the Ministry of Home Affairs requiring the online applications may be justified. However, fixation of tenure does not appear to be based on any reasoning”.

However, the court was informed that the Ministry of Home Affairs was examining the grievances urged by the petitioner. The Court, then, stated that pending the consideration of the issue by the Home Ministry, online applications can continue.

The second grievance of the petitioner was regarding issuance of entry passes to vehicles of lawyers and parking of those vehicles. While dealing with this grievance, the court noted that while parking would be subject to space, entry of vehicles should be permitted to ferrying lawyers with valid passes.

 The CISF will now have to examine and respond to grant of entry passes to the vehicles of those persons – petitioner as well as senior counsels – who are issued entry passes by the Home Ministry.

The court scheduled the matter for further hearing on June 15.

Tagged: National Company Law Tribunal   Delhi HC   CISF   National Company Law Appellate Tribunal in Delhi   Ministry of Home Affairs  
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