Kerala HC advocates Association requested for a formal response on whether lawyers can be allowed to move during the COVID-19, in genuine cases for the purpose of filing and accessing resources in their offices, specially considering that access to justice is recognised as an important right.
The Division Bench of Justices Devan Ramachandran and TR Ravi were hearing the suo motu PIL registered by the Court to monitor issues that may crop up in the State amid the COVID-19 lockdown.
Advocate LakshmiNarayan Prabhu appeared on the behalf of association and stated that KHCAA was not seeking free movement even for the purpose of filing cases or accessing their offices, lawyers should be allowed to move during the lockdown and lawyers’ offices must be allowed to function with minimal staff.
In response,
Additional Advocate General Ranjith Thampan told the Court that it was not up to the Kerala State Government to decide on the issue. He submitted that while the State of Kerala has not taken a stance against the functioning of lawyers amid the COVID-19 lockdown, the State would have to comply with the directives of the Central Government and the National Disaster Management Authority.
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The Bench observed that since the High Court is functioning through video conferencing, lawyers would also be required to function. Further, the Court also took note of the KHCAA’s submissions that the resources required by lawyers to work lay in their offices.
The Court queried whether the issue could be given more thought given that the access to justice has been recognised by the Supreme Court an important right.
The Bench directed that the Central Government file a formal response on the issue, particularly from the angle of the right to access to justice.
The matter will be taken up next on April 24.
