The Bombay High Court on Tuesday directed the State and the Central government to file affidavits in a plea seeking inclusion of lawyers in the list of essential services.
Advocate Chirag Chanani and others filed a public interest litigation (PIL) through advocate Shyam Devani, stating that services rendered by advocates should be included in the list of essential services and they should be allowed to travel by the special suburban trains.
The PIL said lawyers practising in various courts in the city and suburbs and are restricted from commuting by local train as they are not recognised as essential services as per a circular issued by the Divisional Railway Manager. This circular enumerates the categories of essential services staff permitted to travel by the suburban trains.
The lawyers have sought direction from the court to State government, Commissioner of Police and Railways to include them in the list of essential staff so that they are able to travel via local trains.
A Division Bench of Justices A.A. Sayed and M.S. Karnik adjourned the matter to July 21.
Meanwhile, in another case, Imran Mohd Salar Shaikh, has sought exemption of lawyers from restrictions of lockdown on similar grounds.
He filed a petition before a single judge Bench of Justice S.S. Shinde stating that he had to appear for a matter on June 29 before the Esplanade court. However, the traffic police imposed a fine of ₹500 on him for violating rules even after he furnished his ID and other papers. This resulted in him being marked absent in court proceedings for a bail application he had filed representing an old under-trial prisoner.
The court issued notices to the State government and Bar Council of Maharashtra and Goa. The matter will be heard on July 10.
