Bar Council of Delhi moves HC against lawyers not being allowed to cross NCR borders

The Bar Council of Delhi approached the Delhi High Court Monday challenging the decision of Uttar Pradesh and Haryana governments restricting the movement of advocates in the NCR to attend courts and offices in the national capital.

The matter, through BCD chairperson and advocate K C Mittal, was mentioned for urgent hearing and is likely to be listed later this week.

The plea referred to a May 1 order of the central government permitting the use of private offices during the lockdown and contended that advocates in Noida and Gurugram are also entitled to travel to the national capital and use their offices.

The petition, filed through advocate Amit Prakash Shahi, said that on May 8, the Delhi government has issued a statement according to which Chartered Accountants and advocates cannot be prevented from attending their private offices.

The advocates residing in different towns of Uttar Pradesh and Haryana are entitled to enter Delhi and open their offices and respective governments, their officials and agents cannot prevent the advocates from crossing the border for Ingress and egress from their place of Residence to attend their offices.

The non-permitting of advocates to cross the border by the officials and authorities at the border of respondents no. 2 (UP government) and 3 (Haryana government) is in violation of fundamental rights under Article 19 (1)(d) (right to freedom of movement) and 301 (freedom of trade and commerce) of the Constitution and their action is highly arbitrary and illegal, the plea said.

It sought direction to ensure the ingress and egress of the advocates from various towns in NCR to attend to their private offices at Delhi on the basis of their Bar identity cards.

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