Kerala High Court Seeks Statement From State On Plea Seeking Inclusion Of Advocates In Vaccine Priority Group

The Kerala High Court today sought a written statement on the State Government's stance on a petition for including advocates and judicial officers in the priority group for vaccinations.

A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly asked the State Attorney to file a statement on the issue by Monday.

The State Attorney today apprised the Court that the State had taken the view that lawyers' were not directly at risk.

The State Attorney said, "Of course being an advocate, I also feel…but what they say (the State) is lawyers are not directly at risk….now onwards we are expecting all to be vaccinated March 17 onwards, all age groups, and even in private sector"

In response to this, Advocate Saiby Jose Kidangoor retorted, "Only one submission, till yesterday Bar Council of Kerala got the information that 50 colleagues left (for) heavenly abode. Milord, nothing more to say, let the Court decide, let the government decide!"

When the plea was taken up today, The State Attorney said, "Of course being an advocate, I also feel…but what they say (the State) is lawyers are not directly at risk….now onwards we are expecting all to be vaccinated March 17 onwards, all age groups, and even in private sector"State Attorney KV Sohan also informed the Court that priority in the vaccine roll-out was based on decisions made by the Centre and the Expert Group -Vaccine Administration Committee Group.

The priority was as follows -

- Healthcare workers

- Frontline workers

- Citizens between 45-59 years of age

- All citizens

He also stressd that from May 17, all would get an opportunity for vaccination.

The Counsel for the petitioner, Advocate Saiby submitted that his prayer was to treat judicial officers and lawyers in the frontline category, on priority, at least for the purpose of vaccination.

Chief Justice S Manikumar said, "Mandamus cannot be issued for that…it is for the government to decide who should be given the priority. Section of society namely the lawyers and judicial officers..."

Advocate Saiby then stated, "If Your Lordship may permit me to submit, Your Lordship may kindly see, recently there is a judgment by the Delhi High Court…like the healthworkers and the police, lawyers are actually more exposed to litigants and the public at large…Supreme Bar Association, as of now, 50 colleagues have left (for) heavenly abode, in Kerala till yesterday 50 other colleagues they also lost the battle against Covid."

Continuing on the theme, the Advocate asserted that unlike other professions, advocates are supposed to work 'round-the-clock.'

The Chief Justice replied "Today, anyone can register and get vaccinated"

To this, Advocate Saiby said, "If it is available, we cannot stand in the line, that is the difficulty.."

We cannot say 'only you people have to be given first because it is available, that what is available should be given to you', the Chief Justice pointed out

"I am on a different ground. I am not totally selfish to say we have to be given alone…priority is already given to certain class, even media people are included. Healthworkers, police and media people are included in the category..we have filed a representation. Some states in India, Chhattisgarh, have included lawyers in the frontline category, now they have got priority even in vaccination. Most of the employees and other people are working from home, unlike lawyers. My Lordship knows the sad plight of the lawyers who are exposed to the litigants and the public at large," the petitioner's counsel put forth.

He additionally advanced, "Now as far as lawyers are concerned, we feel we should be included in the priority category at least for the purpose of vaccination because unlike other professionals we don't have holidays or restrictions in work. We are duty bound to be exposed to the litigants…most of lawyer are working within limited capacity in a small office."

At this juncture the Chief Justice said, "Sitting in our office, we can't declare 'please give priority to judges!'"

After hearing the State Attorney's submission, the Court directed him to place it before the Bench in a statement.

The matter is expected to next be taken up next week, after the State Attorney files a statement.

In the petition, filed by Advocate Benny Antony Parel through Advocates Saiby Jose Kidangoor, K Anand, Sibha S, Parvathy Vijayan, Mohammed Salih P M and T M Muhamed Hafees, the petitioner avers that lawyers are duty bound to meet people, hear their grievances in person, peruse the documents related to the case before placing the same before the respective courts. "Therefore, like the health workers and police, the lawyers also deserved to be treated as Front line workers by the government in the case of Covid Vaccination and treatment for Covid related diseases", the petitioner argues.

The plea therefore seeks these directions -

• That judicial officers and lawyers be included in the front line category (priority group) for Covid vaccination and other Covid-related treatment on priority basis.
• That the definition of frontline workers is expanded so that vaccinations are afforded to judicial officers and lawyers on priority basis.

In the interim, it is prayed that the Court direct the Centre and State pass appropriate orders on the petitioner's email representation pending the writ petition's disposal.