Plea In Delhi High Court Seeks To Ease Advocates' Entry To National Company Law Tribunal
The Delhi High Court will soon hear a petition seeking to discard the present system of entry at the National Company Law Tribunal, whereby Advocates are required to obtain a daily pass.The matter has been tagged along with a related petition pertaining to difficulties faced by parties approaching the NCLT, and is listed for consideration on February 3.The plea filed by Advocate Ateendra...
The Delhi High Court will soon hear a petition seeking to discard the present system of entry at the National Company Law Tribunal, whereby Advocates are required to obtain a daily pass.
The matter has been tagged along with a related petition pertaining to difficulties faced by parties approaching the NCLT, and is listed for consideration on February 3.
The plea filed by Advocate Ateendra Saumya Singh states that a 'daily pass' is mandatory to enter into the premises of NCLT.
Singh avers that he, along with the Advocates, is compelled to stand in long queues on daily basis to obtain daily pass as there is no proper infrastructure for the same.
He further submits that the NCLT and the Appellate Tribunal Bar Association, along with Ministry of Home Affairs have finalised an arrangement to issue identity cards for all members of the Appellate Tribunal Bar Association. To become a Member, one has to pay Rs. 2500/- as an admission fee (one-time payment) and Rs. 1000/- annually.
Aggrieved by this arrangement and the allegedly exorbitant fees, the petitioner has moved the High Court.
He argues that Advocates are officers of the Court who are granted license to practice under the Advocates Act, 1961. Therefore, they should not be forced to go through another hurdle to obtain a pass, for practicing their profession, which is guaranteed under Articles 19 (1) (g) and 21 of the Indian Constitution.
"(Even) Supreme Court does not impose such mandate or restriction on any Advocate to be a Member of Supreme Court Bar Association in order to obtain proximity card," the plea avers.
It is thus urged to direct the Union of India to issue identity cards upon proper verification or accept identity cards issued by Bar Council of India to allow petitioners entry into NCLT.
Further, it is prayed to quash the agreement reached by Union of India and NCLT/ the Appellate Tribunal Bar Association, where membership has been made mandatory.
"Identity Card issued to the Petitioner by the Delhi Bar Council is the primary professional identity of the Petitioner and the Respondent No. 1 could not disregard the Identity Card issued by a statutory body in favour of the Petitioner."
Case Title: Ateendra Saumya Singh v. Union of India & Ors., WP (C ) 1100 /2020