Lawstreet Journal

State Must Not Be Ignorant of Advocates and Their Staff’s Importance inthe Delivery of Justice: Bombay HC [Read Order]

Lawstreet Journal 3 Aug 2020 10:36pm

Image courtesy: Lawstreet Journal Judiciary State Must Not Be Ignorant of Advocates and Their Staff’s Importance inthe Delivery of Justice: Bombay HC [Read Order]

The Bombay High Court on July 31, 2020, while taking into hearing a couple of pleas, along with intervention applications, that in the beginning looked for the inclusion of lawyers’ services as a part of essentials services, noted that the State should not be overlooking the fact that access to justice is a Fundamental Right and advocates and their staff form an integral part of the entire system, that is, "delivery of justice". 

A division bench consisting of Chief Justice Dipankar Datta and Justice Sarang Kotwal said that there is hope and trust that the problems brought forward by the petitioners who seek to intervene will be given due consideration and instructed the State government to issue its order with reference to the representation made by petitioners who seek to exempt lawyers and their staff from restrictions placed due to the lockdown. 

However, in another High Court order dated July 10, 2020, had denied the said PIL filed by Advocate Chirag Chanani and expressed that including of a particular category of persons within "essential services" come under the jurisdiction and power of the State Legislature. The bench also noted that no necessary direction can be provided to the State Legislature to categorize advocates and their staff as providing "essential services". 

Although, the bench also observed that in the said order, it was noted that the Additional Public Prosecutor representing the State, had contended that the respondents were ready to take into consideration the problems raised in the plea. Taking this into consideration, the… Continue Reading...


Tagged: Bombay High Court  
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