HC asks whether lawyers can be exempted for remaining period

Don't want to miss the best from Business Standard?

The Delhi High Court on Monday asked the Aam Aadmi Party  government whether there was any possibility of exempting advocates for the remaining period of the ongoing second phase of the odd-even scheme which would continue till April 30.

A Bench of Chief Justice G Rohini and Justice Jayant Nath made the query while hearing a petition which has sought exemption for lawyers from the scheme and also against an imposition of Rs 2,000 as fine for violation without proper amendments in the Motor Vehicles Act.

Read more from our special coverage on "ODD-EVEN SCHEME"

• See if lawyers can be exempted from odd-even scheme: Delhi HC
• MPs find odd-even scheme insulting
• Odd-even scheme: Few takers for MP special bus service
• Some MPs seek relief from Odd-Even scheme
• Odd-Even scheme: Arvind Kejriwal wages war on overcharging cab operators

“We will take up the matter tomorrow (Tuesday) and you (counsel for the government) take instructions if there is any possibility of exempting lawyers from remaining period of odd-even scheme, which will expire on April 30,” the Bench said.

Delhi government’s senior standing counsel Rahul Mehra told the Bench that like the first round held in January, the second round of the odd-even scheme from April 15 to April 30 was for a limited period.

“This (odd-even scheme) will end on Saturday (April 30). This is on an experiment basis,” he said.

Advocate Rajiv Khosla, the petitioner in the matter, maintained that the government was saying that the demands of advocates were duly considered but of the total number of lawyers in the national capital, only 10 per cent had cars. “Number of cars used by lawyers per day here is only about 3,000,” he said while giving the break up of cars used by lawyers in the high court, the Supreme Court, district courts and forums here.

During the hearing, the Bench observed, “This is a policy decision for a limited period.”

To this, Khosla, who is also the President of the Delhi High Court Bar Association, said, “Lawyers are a different class. The Supreme Court says we cannot go on strike.” The Bench then said, “Doctors also have their problems (in odd-even scheme).”

Khosla responded, "Lawyers have to carry books and files.

Lawyers have to reach courts and forums on time and working of courts cannot come to a standstill if they are not present due to this scheme."

Referring to the newspaper reports, he argued that Central Pollution Control Board (CPCB) has also said that the pollution level has not come down during the odd-even scheme.

"Let them (government) allow lawyers for remaining period of the odd-even scheme," he said.

Mehra, however, said that he would seek instruction on it after which the bench posted the matter for tomorrow.