'Police Officers Humiliating Advocates Will Be Dealt with Seriously': Telangana High Court Exempts Lawyers/ Clerks from Lockdown Restrictions [READ ORDER]

On Tuesday (June 1, 2021) Telangana High Court asked the state government to exempt lawyers and their clerks/typists from lockdown restrictions. It also cautioned that “if police officer found humiliating an advocate, will be dealt with seriously”.

A Single Bench of Justice K. Lakshman discovered that Advocates, with the help of stenographers/typists, must draft and file writ petitions and bail petitions, etc.

“It is also brought to the notice of this court that the courts below are accepting bail application in physical form, and lawyers have to drop bail application, anticipatory bail, and injection petitions in drop box. The subordinate court is accepting the said petition. Therefore, according to the Court, the restrictions imposed in the memo of June 1, 2021, are illogical, irrational, and without any valid reasons. "

The Bench expressed that the role of a legal advisor is like that of a "social engineer" who remain for the citizens and challenge unlawful activities. They address the complaints of their clients and play a significant role under Article 22 of the Constitution and Section 41(D) of CrPC which talks about the right of an arrested individual to meet an Advocate of his choice during cross-examination, post-arrest.

Consequently, the Bench decided that it is imperative to guide the concerned authorities to guarantee that their movement isn't limited, subject to the following condition:

• The Advocates must produce identity cards issued by either Bar Council or any Advocates Association enlisted with the Bar Council.
• The Advocate assistants, Stenographers/Typists of the Advocates must produce a certificate with photo issued by the concerned Advocates ensuring that they are their assistants/stenographers/typists.
• The Advocates, their assistants, Stenographers/Typist must strictly follow the rules given by both the Central and State Governments concerning COVID-19 Pandemic circumstance.
• All the Advocates, their agents, Stenographers' Typists must not misuse the freedom granted to them in this order, keeping in mind the current circumstance in the whole state of Telangana and the country because of the COVID-19, pandemic.

The order issued when the Telangana Government allowed Advocates to move from their Residence to Office and back for official purpose only between 2.00 PM till 5.00 PM, based on the e-Pass to be given by concerned Commissioner(s)/Superintendent(s} of Police.

The Telangana High Court has now directed,

“The respondents are asked to give necessary guidelines to all the Police officials in the whole State. It is clarified that no official of any an authority including Police and Revenue, etc. shall humiliate any of the Advocates on the production of their identity cards given by either Bar Council or Advocates Associations enlisted with the Bar Council, failing which it will be seen seriously and actions will be made against the failing officials according to law”.

The order draws inspiration from ongoing orders passed by the High Courts of Delhi and Kerala, allowing advocates and their assistants to travel to Courts during the lockdown if physical sittings are told if they carry an undertaking in the prescribed format with identity cards.

Matter now fixed for hearing on June 8.

[READ ORDER]