Shyam Dewani

Renowned Nagpur lawyer Shyam Dewani on April 5 wrote to Maharashtra Government to amend its ?Break the Chain? order issued on April 4 to exempt legal services during the restrictions imposed by the govt. from April 5 to April 30 to contain the spread of COVID-19 in the state. Adv Dewani cited an observation by the Supreme Court of India, which calls for bringing in legal services under the purview of essential services.

Adv Dewani wrote in this letter: 

– I am a practicing lawyer appearing in all courts across the country since more than last 35 years. I am compelled to put forth this request as functioning of legal services as a part of required services has not been mentioned in the Government circular/ order dated 4th April 2021 bearing ref No. DMU/2020/CR92/DISM- 1 issued by the Honourable authority, in the wake of the resurgence of gigantic increase in the COVID-19 cases in the State of Maharashtra.

– That, it is imperative to mention that the said order/ circular explicitly states the timing of various activities, which are permitted to be carried out during the said sort of partial lockdown, which shall remain in force from 5th April 2021 till 30th April 2021. In clause 1(e) the said circular includes a list of essential services and services permitted to function during the said partial lockdown period, nonetheless the said clause does not include legal services.

– The Hon’b1e Supreme Court was required to take Suo Motu cognizance of the situation arising out of the challenges faced by the country on account of COVID- 19 and resultant difficulties that may be faced by litigants across the country in re Cognizance of Extension of Limitation, Suo Motu WP (Civil) No. 3/2020 and ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the General law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further orders to be passed by the Hon’b1e Supreme Court.

– It is respectfully submitted that recently on 8th March, 2021, the Hon’b1e Supreme Court has decided the said matter and while clarifying the period of limitation, it has categorically observed in para 4 that, The Government of India shall amend the guidelines for containment zones, to state regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as time bound applications, including for legal purposes and educational and job-related requirements.

– That, although it is undisputed that the State of Maharashtra has been witnessing monstrous rise in the COVID-19 cases since March 2021, however, it is emphatically stated that the members of legal fraternity are one of the most important pillars in giving effect to the Laws enacted by the Parliament and their services are connected with the matters with respect to justice delivery system. Considering the very nature of services provided by the lawyers, there is no doubt that the services of lawyer cannot be excluded from the said circular/order dated 4th April 2021 merely on the fact that the lawyers’ services are not expressly embodied in the Essential Services Act.

– That, the courts are considered as watch-towers guarding the Liberty and fundamental Rights of the citizens. The Courts continue to serve and servile the arbitrariness in the acts of the other organs of Constitution, even during the emergent situations like the past situation of nationwide lockdown because of the spread of COVID- 19 Epidemic and the present increase in cases and therefore like all other Essential Services, Courts are functioning for rendering appropriate justice to the public at large. At this juncture it is pertinent to mention, that when the courts are functioning, for dispensing justice to the people, services of a lawyer cannot be viewed in isolation and cannot be categorized as non- essential, more particularly when the Honourable Supreme Court has observed that the Government shall amend the guidelines for containment zones. It is needless to say that the State of Maharashtra ought not to act in contravention to the observation made by the Hon’b1e Supreme Court.

– That, lawyer being an integral part of justice delivery system, and moreover, while the courts are functioning and taking up the matters, the lawyers cannot be prohibited from functioning or by being categorized as ?private office. It is therefore a legitimate expectation of the legal fraternity to be allowed to perform their services during the present partial lockdown declared in the State of Maharashtra by amending the said circular with precise inclusion of lawyer’s services to avoid any kind of ambiguity.

– That, it is also worthwhile to state that even if the Courts function virtually through video conferencing it is absolutely necessary for the lawyers, who do riot have their offices at home to run and operate their offices, in as much as, in accordance with the instructions issued by the Honourable Apex Court as well as by the Honourable High Court from time to time, the litigants are required to file petitions, replies, submissions, etc., by scanning and emailing the entire material to the office of the Honourable Court as also of the other Honourable High Courts and Honourable Apex Court of India, It is needless to state such material, which is to be scanned and submitted electronically include the citations and other material relied upon by the respective party in support of its case, which at time runs into hundreds and thousands of pages. It is submitted that the entire infrastructure of ari advocate is at his office and he is enable to work from home efficiently as he has to refer to the books, assess to the Computers, Books, Stationery etc., which is available in the office and apart from that he has to depend upon Typist or Stenographers. who find it comfortable working at office than home. Needless to say that it is utmost necessary to include the lawyers in the list of permitted services during COVID-19 in containment zone.

– We have brought to your notice the settled position of law and as stated herein above, the law laid down by the Hon’b1e Apex Court, in such circumstances, it is expected from your good self that the specific case as we lawyers are rendering essential services hence preventing inclusion of lawyers services in permissible category will amount to preventing us from rendering our services to meet the ends of justice and at the same time will amount to disobedience and disrespect of the observation of the Honourable Supreme Court of India.

– That, due to the said impractical and unfairact of non-inclusion of lawyers to work during covid 19 pandemic as per the circular/ order dated 4th April 2021, I am therefore, constrained to approach this Honourable Authority, for seeking necessary directions in the matter to amends modify the said circular order and include the services of lawyers as permissible during the partial lockdown period as mentioned till 30th April 2O21.

– Therefore, considering the settled position of law brought to your kind notice, I urge your Hon’ble Authority to take appropriate steps and pass necessary direction at the earliest. An early decision in this regard will be highly appreciated so as to enable us to take appropriate legal steps, if so required. You are therefore requested to kindly do the needful at your earliest and oblige.