The Allahabad High Court, Lucknow Bench, delivered a order judgment today, emphasizing the necessity for advocates to adhere to designated parking norms to ensure safety within the High Court premises. The decision comes in response to a Public Interest Litigation (PIL No. 908 of 2024), filed by Girdhari Lal Yadav, a practicing advocate of the court, who raised concerns over improper vehicle parking impacting the movement and safety of other lawyers. The case was heard by a division bench comprising Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi.
Background of the Case
The PIL, titled Girdhari Lal Yadav vs. Hon’ble High Court of Judicature at Allahabad Lko Thru Senior Registrar & Others, was filed to address the challenges faced by advocates due to improper vehicle parking in the court’s basement parking area. Yadav, representing himself, argued that vehicles were frequently parked in passageways meant for the to-and-fro movement of advocates, causing obstruction, inconvenience, and potential security risks.
Counsel for the respondents included Gaurav Mehrotra and Manoj Kumar Dwivedi, who represented the High Court administration and other concerned authorities.
Key Legal Issues Raised
The court addressed several critical legal issues, including:
– Adherence to Parking Regulations: Whether the advocates are legally obligated to follow designated parking areas in the High Court premises.
– Security Concerns: The impact of unauthorized or improper parking on the safety and security of the High Court premises.
– Responsibility of the Bar Association: The role of the Executive Committee of the Oudh Bar Association in maintaining discipline among its members concerning parking norms.
The PIL primarily emphasized the violation of safety protocols due to the indiscipline of some advocates who left their vehicles improperly parked. The petitioner argued that such practices not only disrupt the movement within the premises but also pose security threats.
Observations and Judgment of the Court
In its judgment, the court underscored the importance of maintaining a “disciplined behaviour” among the advocates. The bench stated:
“Essentially, the matter pertains to a disciplined behaviour of the Advocates themselves who have been provided a parking facility by the Hon’ble High Court. All such issues in the normal course deserve to be taken care of by the Executive Committee of the Bar itself.”
Acknowledging the role of the Bar Association in resolving this issue, the court instructed the Executive Committee of the Oudh Bar Association to issue a notice to its members, urging them to park their vehicles only in designated areas, such as the basement or multistory parking facility. Additionally, the notice should outline the consequences of non-compliance, which could include the cancellation of vehicle entry passes.
The court further directed the Security Committee of the High Court to enhance surveillance by activating CCTV cameras to monitor parking behaviour. Violations captured on CCTV could lead to immediate cancellation of parking permits for the concerned vehicles.
The judgment also mandated that the Bar Association circulate this notice within 15 days, using digital platforms like WhatsApp groups, social media, or print media to ensure widespread awareness among advocates.
The court has listed the matter for the next hearing on November 18, 2024, to review the compliance with its directives. The bench has clarified that any strict measures, if necessary, will be contemplated only after observing the compliance level among advocates during this period.
