Manipur High Court
All Manipur Bar Association Having ... vs The State Of Manipur Represented By The ... on 8 June, 2020
Bench: Ramalingam Sudhakar, Kh. Nobin Singh
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL No. 20 of 2020
1. All Manipur Bar Association having Regd. No. 58/M/SR/2003 of Societies
Registration Act, 1989 with registered Office address at District and
Sessions Court (Cheirap Court) Complex, Uripok, P.O. & P.S. Imphal,
Imphal West District, Manipur, Pin No. 795001, represented by its
President, Mr. Maibam Nilachandra Singh, aged about 63 years and
2. Okram Nutankumar Singh, aged about 40 years, S/O Okram Kala Singh
of Singjamei Okram Leikai, P.O. & P.S. Singjamei, Imphal West District,
Manipur, Pin No. 795008.
....Petitioners
- Versus -
1. The State of Manipur represented by the Chief Secretary,
Government of Manipur, Office address at Secretariat, South
Block, Babupara, P.O. & P.S. Imphal, Imphal West District,
Manipur, Pin No. 795001;
2. The District Magistrate, Imphal West, Office address at
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur,
Pin No. 795004;
3. The District Magistrate, Imphal East, Office address at Porompat,
P.O. & P.S. Porompat, Imphal East District, Manipur, Pin No.
795005;
4. The District Magistrate, Thoubal, Office address at Thoubal, P.O.
Thoubal, Thoubal District, Manipur, Pin No. 795138;
5. The District Magistrate, Bishnupur, Office address at Bishnupur,
P.O. Bishnupur, Bishnupur District, Manipur, Pin No. 795126;
6. The District Magistrate, Senapati, Office address at Senapati
Head Quarter, P.O. Senapati, Senapati District, Manipur, Pin No.
795106;
7. The District Magistrate, Ukhrul, Office address at Ukhrul, P.O.
Ukhrul, Ukhrul District, Manipur, Pin. No. 795142.
8. The District Magistrate, Churachandpur, Office address at
Churachandpur, P.O. Churachandpur, Churachandpur District,
Manipur, Pin No. 795128;
9. The District Magistrate, Tamenglong, Office address at
Tamenglong, P.O. Tamenglong, Tamenglong District, Manipur,
Pin No. 795141;
10. The District Magistrate, Chandel, Office address at Chandel, P.O.
Chandel, Chandel District, Manipur, Pin No. 795135;
11. The District Magistrate, Kangpokpi, Office address at Kangpopi,
P.O. Kangpokpi, Kangpokpi District, Manipur, Pin No. 795129;
12. The District Magistrate, Tengnoupal, Office address at
Tengnoupal, P.O. Tengnoupal, Tengnoupal District Manipur, Pin
No. 795131;
Page 1
13. The District Magistrate, Pherzawl, Office address at Pherzawl,
P.O. Pherzawl, Pherzawl District, Manipur Pin No. 795006;
14. The District Magistrate, Noney, Office address at Noney, P.O.
Noney, Noney District, Manipur, Pin No. 795147;
15. The District Magistrate, Kamjong, Office address at Kamjong,
P.O. Kamjong, Kamjong District, Manipur, Pin 795145;
16. The District Magistrate, Jiribam, Office address at Jiribam, P.O.
Jiribam, Jiribam District, Manipur, Pin No. 795116 and
17. The District Magistrate, Kakching, Office address at Kakching,
P.O. Kakching, Kakching District, Manipur, Pin No. 795103.
...Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR
HON'BLE MR. JUSTICE KH. NOBIN SINGH
For the petitioners : Mr. Th. Mahira, Advocate
Mr. N. Ibotombi, Sr. Advocate
For the respondents : Mr. Lenin Hijam, Additional A.G.
Date of Order : 08.06.2020
ORDER
08.06.2020 R.S. C.J.
[1] Heard Mr. Th. Mahira, learned counsel appearing for the petitioner, Mr. N. Ibotombi, learned senior counsel appearing for the High Court Bar Association Manipur and Mr. Lenin Hijam, learned Additional Advocate General for the State respondents.
[2] On 04.06.2018, the following order was passed :-
"[1] Heard Mr. Th. Mahira, learned counsel appearing for the petitioner, Mr. N. Ibotombi, learned senior counsel appearing for the High Court Bar Association Manipur and Mr. Lenin Hijam, learned Additional Advocate General for the State respondents. [2] The Government of Manipur order dated 01.06.2020 issued by the Chief Secretary, in Clause 6 stated that that the High Court of Manipur may plan its activities in respect of judiciary as deemed fit keeping in view of the lockdown orders and guidelines. Consequently, the High Court of Page 2 Manipur issued Notification No. 63 dated 02.06.2020, Clause 8 and 9 of which read as follows:-
"8. From the period from 03.06.2020 to 17.06.2020, Lawyers can attend court and court related works without curfew pass between 5.00 am to 2.00 pm. However, they should be in Advocate's uniform and hold valid identity card issued by the Bar Council of Manipur/Bar Association.
In view of imposition of curfew in Imphal city and District HQs, Lawyers are permitted to use curfew pass in relation to their chamber works from 2.00 pm to 5.00 pm.
9. Advocates who are attending remand proceedings may go to the concerned court or Judge's residence provided they are in Advocate's uniform and on production of valid identity card issued by the Bar Council of Manipur/Bar Association. On request by the security personnel, they shall give details such as name of the Judge/ Court before whom the accused is to be produced, the nature of offence, name of the accused and etc. Law enforcement agency/District Administration are requested to abide by the directions issued by the High Court in this regard."
[3] Thereafter, the Chief Secretary, Government of Manipur issued one Office Memorandum dated 03.06.2020 which reads as follows:
"No. 9/6(1)/2020 - H(Pt) GOVERNMENT OF MANIPUR HOME DEPARTMENT OFFICE MEMORANDUM Imphal the 3rd June, 2020 Subject : Issue of Curfew Pass - exempted categories.
In continuation of the Office Memorandum of No. 9/6/(1)/2020-H(Pt) dated 16/05/20 all Practicing Advocates are also allowed to move without curfew pass during curfew hours (after 2 pm subject to production of Identity Card and Cause List and their movement is from their homes to place of duty or vice versa.
Sd/-
(Dr. J. Suresh Babu) Chief Secretary Govt. of Manipur"
[4] The above Office Memorandum of the Chief Secretary was forwarded by the Joint Secretary (Home), Government of Manipur to the Registrar General, High Court of Manipur. A reading of the Office Memorandum issued by the Chief Secretary and the covering letter indicates that it applies to High Court advocates only and that they should carry the identity card and produce cause list, if they wanted to proceed after 2:00 pm during curfew period.
[5] This appears to be a misconception because in the High Court Notification, it has been clearly stated that the High Court and the District Courts timing will be up to 1:00 pm only. There is no curfew till 2:00 pm. Page 3 The Curfew in Imphal city and District Headquarters is between 2:00 pm and 5:00 am on the next day. The High Court Notification No. 63 dated 02.06.2020 was issued with the intention to enable the High Court and District Courts advocates to move to their private office/chamber between 2:00 pm and 5:00 pm of the same day using the curfew pass so as to facilitate access to justice. There is no cause list after 2:00 pm. Therefore, the office memorandum of the Chief Secretary indicating that practicing advocates can move without curfew pass during curfew hours (i.e.) 2:00 pm to 5:00 pm of the same day subject to production of identity card and cause list will cause confusion. Therefore, the word "cause list" needs to be deleted as irrelevant after 2:00 pm. [6] Registrar General informs the Court that the Government intends to restrict the use of curfew passes, however, advocates can attend to their legal works between 2:00 pm to 5:00 pm of the same day without curfew pass. If that is the case, advocates should be allowed to go to their private office/chamber or to their evening office between 2:00 pm and 5:00 pm of the same day subject to condition that they will be advocate's uniform and they will hold valid identity card issued by the Bar Council of Manipur/Bar Association and produce it on request.
Similarly, advocates of the District Courts also need to attend office work between 2:00 pm and 5:00 pm or attend to remand cases as indicated in Clause 9 of the High Court Notification No. 63 dated 02.06.2020. There is no cause list in the case of remand proceeding. Therefore, the Government has to clarify and delete the word "cause list" in the Chief Secretary's Office Memorandum dated 03.06.2020. Advocates should be allowed to move between 2:00 pm and 5:00 pm to their office or to their senior's chamber on production of valid identity card issued by the Bar Council of Manipur/Bar Association and they will be in the Advocate's uniform as indicated in the High Court Notification No. 63 dated 02.06.2020.
[7] Mr. Lenin Hijam, learned Additional Advocate General seeks time to get clarification from the Government of Manipur and submit to this Court on 08.06.2020.
[8] Till such time, advocates of the High Court and District Courts will be allowed to proceed to their office and to their senior's chamber in the advocate's uniform between 2:00 pm and 5:00 pm of the same day that too on production of valid identity card issued by the Bar Council of Manipur/Bar Association concerned. All other conditions imposed by the High Court of Manipur in its Notification No. 63 dated 02.06.2020 will apply.
[9] List the matter on 08.06.2020 (Monday) at 12:00 O'Clock so as to enable Mr. Lenin Hijam, learned Additional Advocate General to get instruction in this regard.
Page 4 [3] Today, when the matter is listed, Mr. Lenin Hijam, learned Additional Advocate General produced a copy of Office Memorandum dated 06th June 2020 which reads as follows :
No. 9/6(1)/2020-H(Pt) GOVERNMENT OF MANIPUR HOME DEPARTMENT OFFICE MEMORANDUM Imphal, the 6th June, 2020 Subject : Issue of Curfew Pass - exempted categories In partial modification of the Office memorandum of No. 9/6(1)/2020-H(Pt) dated 03/06/2020 all Practicing Advocates are allowed to move from their homes to place of duty or vice versa without curfew pass during curfew hours (after 2pm) subject to production of Identity Card issued by the Bar Council of Manipur/ Bar Association and strictly adheres to the conditions imposed in the Notification No. 63 dated 02/06/2020 issued by the Hon'ble High Court of Manipur.
(Dr. J. Suresh Babu) Chief Secretary Govt. of Manipur [4] In view of the above, there is no need to extend the interim order passed by this Court on 04.06.2020 as the Office Memorandum dated 06.06.2020 of the Chief Secretary, Government of Manipur is self-explanatory and has resolved the issue raised in this PIL.
[5] Recording the same, the PIL stands closed.
JUDGE CHIEF JUSTICE Sandeep WAIKH Digitally signed OM by WAIKHOM TONEN MEITEI TONEN Date: 2020.06.11 12:13:44 +05'30' MEITEI Page 5