[COVID-19 lockdown] Advocates and staff exempted from movement restrictions: Telangana High Court

The Telangana High Court on Wednesday directed State authorities to ensure that no hindrance is created to the movement of advocates, their clerks, stenographers and typists during the COVID-19 lockdown (T Jayant Jaisoorya v. The State of Telangana & Ors)..The Single Judge Bench of Justice K Lakshman passed the direction while hearing two writ petitions filed by practicing advocates seeking exemption from restriction in movement during the lockdown..The Government of Telangana had initially permitted advocates to move between 2 PM to 5 PM. Counsel for the State stated that the rationale behind this decision was to ensure the safety of the advocates and their staff..On the other hand, the advocates argued that their services cannot be time-bound. Counsel for the petitioner submitted, "There are matters including Public Interest litigations with regard to Covid-19 issues etc., to be represented by the Advocates and they have to file petitions and counters etc. Therefore, the advocates have to work round the clock.".The Court made an observation about an order passed by the Court through a suo-moto PIL directing authorities to cease operations for demolitions, dispossession etc. while in lockdown. Due to non-compliance of the order, police officials are registering cases and advocates are filing bail applications and writ petitions challenging said actions. The Court stated,“Advocates are social engineers, and they have to stand on behalf of the citizens, who challenge the illegal actions or state as defined under Article 12 of the Constitution of India. Thus, according to this Court, the advocates and their clerks and subordinate staff like stenographers/ typists are to be exempted to enable the learned Advocates to provide effective professional service to litigants.”.The Court did not find merit in the restrictions imposed by the government, and stated,"Courts below are accepting bail applications in physical form and the Advocates have to drop the bail applications, anticipatory bail applications and injunction petitions in drop box. The subordinate Courts are taking up the said petitions. Therefore, according to this Court, the restrictions imposed in the memo dated 01.06.2021 are illogical, irrational and without any, valid reasons".Reliance was placed on the orders passed by both the Delhi High Court and the Kerala High Court that allowed movement of advocates and their staff on production of identity proof."The Division Bench of the High Court of Kerala considered various aspects including the role of a lawyer as a social engineer to address the grievances of their clients and other issues," the order noted..The petitioners were warned not to misuse the liberty being granted to them.“All the Advocates, their clerks, Stenographers/ Typists shall not misuse the liberty granted to them in this order, keeping in view the present situation in the entire state of Telangana and country due to COVID-19, pandemic.”.The petitioner was represented by Advocate P Vishnuvardhana Reddy. Special Government Pleader P Radhieve Reddy appeared for the State..[Read the order]