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Synopsis

The Delhi High Court on Friday asked the Central Government to work on modalities to find a solution for the issue of Advocates who are compelled to wait outside the National Company Law Tribunal for getting their passes made for entry even after being registered with the State Bar Council. 

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the Central Government to file its response while noting that surely the Advocates will miss their matters if they wait in long queues for passes.

The bench was hearing a plea filed by Advocate Ateendra Saumya Singh through Advocate Dr Farrukh Khan stating that a daily pass is mandatory for all who have to enter the premises of NCLT even if one is an Advocate. "That the Petitioner along with other Advocates was compelled to stand in a long queue on daily basis to obtain the daily pass as there is no proper infrastructure for making the daily pass," the plea added.

Dr Khan submitted that when the Advocates are registered with the Bar Council of India, why is there still a requirement of getting a pass made?

However, CJ Sharma said that "surely there is a problem but it's not that easy; NCLT is inside CGO Complex and there are other sensitive offices as well".

While asking the Central Government to work on modalities to solve the issue, the High Court directed it to file a response in the matter.

The plea submitted that through a Notice that the NCLT & NCLAT Bar Association has finalized an arrangement with the Ministry of Home Affairs to issue identity cards to all the members of the Bar Association, whereby entitling all the members of the Bar Association to enter into premises of CGO Complex, Lodhi Road without taking any daily pass from the reception counter.

Whereas, it was further submitted, that to become a Member of the Bar Association, the Advocate is required to pay Rs. 2,500 as an admission fee and a subscription fee of Rs.1,000 to be paid annually. It was contended that Singh is aggrieved by the purported understanding between the Ministry of Home Affairs and the Bar Association wherein it is mandatory to become a Member of the Bar Association so that the petitioner could obtain the Identity Card to enter into the premises of NCLT. 

The plea alleged that "there is no alternate arrangement to issue Identity Cards and the exorbitant fee is patently illegal and that no Association could compel any Advocate to become its member".

Case Title Vs. Ateendra Saumya Singh Vs. Union of India & Ors.