HC asks state whether lawyers can travel by special suburban local trains during lockdown

Mumbai: The Bombay high court (HC) has directed Maharashtra government to respond to a public interest litigation (PIL), which sought directions to permit lawyers

Mumbai: The Bombay high court (HC) has directed Maharashtra government to respond to a public interest litigation (PIL), which sought directions to permit lawyers to travel by Mumbai’s suburban trains like the other frontline essential service providers battling the coronavirus disease (Covid-19) outbreak.

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The PIL cited that many lawyers are facing daily commuting woes since they don’t own private vehicles and as a result, should get the relief to travel by Mumbai’s suburban trains, the faster and the popular mode of public transport in a city known for massive traffic snarls, especially during the current monsoon season.

Maharashtra government’s rules stipulate that only the government employees and essential service providers are allowed to use local trains since services resumed on June 15 after they were suspended in end-March because of the nationwide lockdown restrictions that were enforced to contain the Covid-19 outbreak.

A two-member HC division bench, comprising Justices AA Sayed and MS Karnik, directed the Maharashtra government to file its response by submitting an affidavit before the court while hearing the PIL on Tuesday via a video-conference link.

Lawyer Chirag Chanani and his colleagues filed the PIL through their advocates Shyam Dewani and Bhoomi Katira, who prayed before the court that services rendered by lawyers must also be considered under essential services and extend relief such as travel by Mumbai’s suburban trains on the lines of those extended to others rendering similar services.

Dewani cited that both the Supreme Court (SC) and the Delhi HC considered lawyers as essential service providers and allowed them to freely commute by local trains amid the pandemic, but an exception has been made for his fraternity in Mumbai by both the Western and Central railway authorities.

He further cited that as courts started functioning since June, the petitioners, who are residents of Mumbai Metropolitan Region (MMR), are facing acute difficulties in their daily commute to work since their workplaces, including courts and offices, are located in south Mumbai.

To make matters worse, they don’t own private vehicles and suburban trains are also off-limits for them.

The petition stated that many lawyers have to change at least three-four buses to reach their workplaces often after an inordinate delay and that, too, in a profession such as legal, where time is of the essence.

The court will hear the PIL next after two weeks.