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[LOCKDOWN] Bar Council of Delhi moves Delhi HC to allow advocates residing in UP, Haryana to visit offices/courts in Delhi

Aditi Singh

The Bar Council of Delhi, through Chairman KC Mittal, has moved the Delhi High Court to allow advocates residing in neighbouring areas of Uttar Pradesh and Haryana to visit their offices and attend courts in the national capital.

The matter was mentioned today for urgent hearing and is likely to be taken up this week.

In its Petition filed through Advocate Amit Prakash Shahi, the Petitioner has informed the Court that vide Notification issued on May 1, the Central Government has permitted the use of private offices during lockdown.

Consequently, it is contended, avocates, who are residing in areas neighboring Delhi, such as Noida, Gurugram etc, are also entitled to travel to Delhi and open and use their offices.

The Court is further informed that on May 8, the Delhi Government also issued a direction stating that advocates could not be prevented from attending their private offices.

It is the Petitioners grievance that in spite of the above directions, the Government of Uttar Pradesh and Haryana are not permitting the advocate to cross the borders to reach to their offices.

"..the non-permitting of advocates to cross the border by the officials and authorities at the border of respondent no. 2 and 3 is in violation of fundamental rights under Article 19 (1)(d) and 301 of the Constitution of India and their action is highly arbitrary and illegal.", it is stated.

The Petitioner has thus prayed for a direction to ensure the ingress and egress of the advocates from various towns in NCR to attend to their private offices at Delhi/New Delhi, on the basis of their Bar identity cards.

Recently, the Delhi High Court Bar Association had also written to the Chief Justice of Delhi High Court to allow Advocates from NCR region to cross Delhi border.

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