Delhi High Court - Orders
Pawan Reley And Anr vs Union Of India And Ors on 25 May, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~31 to 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3074/2019 & CM No.14133/2019
PAWAN RELEY AND ANR. ..... Petitioners
Through: Petitioner in person.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Bharathi Raju, Adv. for R-1.
Mr. Preet Pal Singh & Mr. Saurabh
Sharma, Adv. for BCI.
AND
+ W.P.(C) 3911/2019 & CM No.17710/2019
ROHAN YADAV AND ANR. ..... Petitioners
Through: Mr. Amitabh Chaturvedi & Mr. Ankit
Monga, Advs.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Ravi Prakash, Ms. Shruti Shiv
Kumar & Mr. Anum Hussain, Advs.
for R-1.
Mr. Preet Pal Singh & Mr. Saurabh
Sharma, Adv. for BCI.
Mr. Hafsa Khan, Adv. for GNCTD.
AND
+ W.P.(C) 4454/2019 & CM No.19768/2019
ARENESS FOUNDATION ..... Petitioner
Through:
Versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Anil Soni, Adv. for UOI.
AND
+ W.P.(C) 9061/2019
SUNAINA DALMIA ..... Petitioner
Through:
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Kirtiman Singh & Ms. Srirupa
Nag, Advs. for UOI.
Mr. Hafsa Khan, Adv. for GNCTD.
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:30.05.2022
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 25.05.2022
1. The petitioners have challenged the constitutional validity of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. They claim that the same is in violation of Article 19(1)(g) of the Constitution of India.
2. The petitioners' challenge is also premised on the basis that Section 17 of the said Act is repugnant to Section 30 of the Advocates Act, 1961. The petitioners rely on the judgment of the Kerala High Court in Adv. K.G. Suresh v Union of India :
AIR 2021 Ker 152 whereby the Hon'ble Kerala High Court has declared Section 17 of the said Act as ultra vires to Section 30 of the Advocates Act, 1961.
3. We have reservations whether a provision of an Act can be declared to be ultra vires the provision of another act enacted by the Parliament. The question essentially raised is whether Section 17 of the said Act is ultra vires the Constitution of India.
4. Mr. Prakash and Mr. Kirtiman Singh, learned counsels appearing for the respondents' state that Union of India has not challenged the judgment of the Kerala High Court. It does appear, therefore, that the respondents have accepted Section 17 to be invalid.
5. They seek time to take proper instructions in this regard.
6. At their request, list on 26.07.2022.
VIBHU BAKHRU, J
AMIT MAHAJAN, J
MAY 25, 2022
'gsr' Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:30.05.2022