Point of law: Article 22 of the Constitution of India deals with the protection against arrest and detention in certain cases and as per 22(1) of the Constitution of India, no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall be denied the right to consult, and to be defended by a legal practitioner of his choice.

ORDER :

Kunuru Lakshman, J.

1. These two writ petitions are filed by the practicing advocates seeking to declare action of the respondents in not exempting them from movement restrictions during lockdown in order to allow them to attend their offices, Courts/Tribunals, Statutory authorities, Police Stations and to return back to their homes after office works and also from obstructing them while going to their offices and return back home after office hours, as illegal and for consequential directions to the respondents to exempt the petitioners/practicing advocates and their clerks from the movement restrictions during lock down period for the purpose of attending Courts/Tribunals, Police Stations etc.

2. The above stated writ petitions came up for hearing on 27.05.2021 and on that day, learned Advocate General made a statement that he has advised authorities to ensure that practicing lawyers are not to be put to hardship while traveling to Courts and their offices. Recording the said submission, this Court directed that the matters to be listed on 01.06.2021.

3. On 01.06.2021, C. Harender Pershad, learned Special Government Pleader, representing learned Advocate General, on instructions, has submitted that the authorities concerned are going to consider the advise of the learned Advocate General on 01.06.2021 and he sought time to place the same on record. Therefore, this Court has directed the Registry to list these matters today at 10.30 A.M.

4. Sri P. Radhive Reddy, learned Special Government Pleader, representing the learned Advocate General, has placed a memo vide No. 2026/GAD/2021 dated 01.06.2021 issued by the Government of Telangana, General Administration Department which is as follows:-

"It is hereby directed that the Advocates appearing in Hon'ble High Court and various other Courts in the State of Telangana are hereby permitted to move from 2.00 P.M. from Residence to Office and back on official purpose only, based on the e-Pass to be issued by concerned Commissioner(s)/Superintendent(s) of Police. For this, an application has to be made by the Advocate concerned to the respective Commissioner(s)/ Superintendent of Police, under his jurisdiction, by providing Advocate's Residential and Office address.

The movement is restricted to plying between Residence and Office during the said hours and shall be valid till 09.06.2021."

5. By referring the same, Sri P. Radhive Reddy, learned special Government Pleader would submit that the authorities concerned have considered the grievance of the Advocates and issued the said memo permitting the Advocates appearing in High Court and various other Courts in the State of Telangana to move from 2.00 P.M. till 5.00 P.M. from Residences to Offices and back on official purpose only based on e-Pass to be issued by the Commissioner(s)/Superintendent(s) concerned.

6. Sri P. Vishnu Vardhan Reddy, learned counsel for the petitioner in W.P. No. 12485 of 2021 would submit that the job of the Advocates and their clerks is also an essential service and they have to attend offices, Courts/Tribunals/Quasi judicial functionaries and also Police Stations to protect the interest of their clients. The Advocates have to get the petitions/complaints etc., typed with the help of the Typists/Stenographers in their respective offices and they have to file it before the appropriate Courts. The said petitions include bail petitions, writ petitions challenging illegal demolitions and dispossessions etc. There are matters including Public Interest Litigations with regard to Covid-19 issues etc., to be represented by the Advocates and they have to file petitions and counters etc. Therefore, the Advocates have to work round the clock.

7. G.O.Ms. No. 102, dated 11.05.2021 issued by the Government of Telangana, imposing lockdown from 12.05.2021 till 22.05.2021 permitted certain activities including E-commerce (delivery) of goods and merchandise including food, pharmaceutical and medical equipment, to go on.

8. By refer