Sunil Gupta vs State Of M.P. & Others

Petitioner, an elected member of the State Bar Council, Madhya Pradesh has filed this writ petition praying for a direction to the respondents-

authorities for modifying the orders issued under Section 144 of the Cr.P.C. (commonly known as Corona lockdown orders) for exempting and

permitting the mobility and movement of the junior/associate advocates and regularly employed clerks with the advocate's offices without any

obstructions within the district limits of at least three districts of the State of Madhya Pradesh viz. Jabalpur, Indore and Gwalior.

Shri Siddharth Gupta, learned counsel for the petitioner submits that the members of the Bar especially at Bhopal and Benches at Jabalpur, Indore and

Gwalior are facing difficulty because the State Government has imposed lockdown/Corona curfew in the State till 17.05.2021. Even if the Courts are

functioning by virtual mode, the advocates have to attend their office and their juniors and clerks have also to come to assist them. Since the restriction

has been placed on movement of citizens everywhere, the Government authorities may be required to issue necessary passes for the advocates, their

colleagues/juniors and advocate clerks to attend their office.

Shri Rajeshwar Rao, learned Government Advocate appearing for the State submits that the concerned advocates, their associate advocates and

clerks may apply either on-line or off-line, for necessary passes on the specified routes for visiting their office, through the Bar Association of the

individual place concerned to the District Magistrate of the area, who shall look into their grievances and do the needful.

Having regard to the statement made by the learned Government Advocate, instead of keeping this writ petition pending, we dispose of the same with

liberty to the advocate(s) concerned to apply to the District Magistrates of Jabalpur, Indore and Gwalior, through the respective Bar Associations, for

passes of the advocates, their juniors and advocate's clerks, to enable them to attend their offices during the ongoing lockdown/Corona curfew, for the

specified routes, from their residence to office and vice versa, who shall do the needful in that regard as warranted in law.

The writ petition is disposed of accordingly.