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  • Legal Article Now Bar Council ID Card Is Valid Identity Proof For Train Journey As Railway Issues Circular Following Landmark Kerala HC Judgment

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Legal Article Now Bar Council ID Card Is Valid Identity Proof For Train Journey As Railway Issues Circular Following Landmark Kerala HC Judgment

Courtesy/By: SANJEEV SIROHI  |  01 Nov 2018     Views:1670

To begin with, it has to be appreciated and applauded in the right earnest that in a latest landmark judgment in W.P.(C) No. 35073 of 2014 delivered recently on August 8, the High Court of Kerala has in a historic move directed the Indian Railways to treat identity cards issued to lawyers by respective Bar Councils as a valid identity proof to undertake a train journey/travel. The court also asked the authorities concerned in the railways to issue appropriate orders notifying the above as expeditiously as possible. The railways have done accordingly by issuing a Circular and from now onwards the Bar Council ID Card is valid proof of identity for train journey as railways issues circular following landmark Kerala High Court judgment.

                                        To be sure, the Circular issued by Joint Director Passenger Marketing of Railway Board following the judgment states that, “In pursuance of the judgment of the High Court of Kerala in W.P. (C) No. 35703 of 2014 the matter has been examined and it has been decided that photo identity cards with serial number issued to Advocates by Bar Councils of India may also be accepted as proof of identity of passengers for undertaking journey by train”. The Circular instructs Principal Chief Commercial Managers of all Zonal Railways to issue necessary instructions to all concerned to avoid inconvenience to passengers. It also directs the Zonal Managers to give wide publicity through all possible means to the revised instructions for the information of general public.

                                     Be it noted, this landmark and laudable judgment by Kerala High Court begins by pointing out that, “The petitioner, who is stated to be a practising Advocate on the Rolls of the Bar Council of Kerala, remonstratively accuses the Indian Railways of acting unfairly and discriminatorily in refusing to recognize and accept the photo identity cards issued by the Bar Council of Kerala as also that of the other States, as a valid proof of identity to undertake journey on trains in reserved seats.”

                     On the face of it, para 3 states explicitly that, “The singular grievance impelled by the petitioner in this writ petition is that even though several types and categories of identity cards are accepted by the Indian Railways, the photo identity cards issued by the various Bar Councils in India are expressly excluded. This, the petitioner predicates, is unfair and arbitrary, particularly because the said identity cards are issued by the various Bar Councils acting under the provisions of the Advocates Act, 1961.” Absolutely right! Who can deny or dispute it?

                                 To put things in perspective, on August 8, the Kerala High Court through a landmark judgment of Justice Devan Ramachandran directed the Railways to accept ID cards issued by Bar Councils as valid proof as they are statutory bodies under the Advocates Act. The order was made in this case where the request to consider the lawyer identity cards were rejected by the Indian Railways stating that Bar Councils were not government bodies, and further they are available at different levels in the country (district, state, national) and hence in the absence of any uniformity in the cards issued by such bodies, the same ought not to be considered as valid and acceptable.

                                      Needless to say, para 10 points out that, “After Sri. C.S. Dias and Sri. Manayani made their submissions as above, I elicited the specific views of the Kerala Bar Council through their Senior Counsel Sri. Gracious Kuriakose and the learned senior counsel informs me that it is the unequivocal and firm stand of the Bar Council of Kerala that the identity cards issued by them be accepted by all Authorities, including the Indian Railways and that they are always willing to offer verification of such cards as and when it is so required by any Authority, including the Railways.”

                                     As it turned out, while disapproving the stand of Railways, Justice Devan Ramachandran then held in para 11 that, “ Once I hear the submissions of Sri. Gracious Kuriakose, the learned senior counsel as afore, it becomes ineluctable that there cannot be any further cause or concern for the Indian Railways, in accepting the photo identity cards issued by the various Bar Councils, since the respective Councils are obligated to verify and affirm the authenticity of a card issued by them, in case its genuineness is suspected for any reason by the competent Authorities of the Indian Railways. This is more so because they are statutory bodies, operating under the ambit of the Advocates Act, thus enjoining them to ensure the validity and rectitude of the cards and documents issued by them, if it is so required by any Authority, in terms of law.” It was also held that the notion of different level of Bar Councils was incorrect, there being only one respective Bar Council for a state and a Bar Council of India at the national level. The Court therefore asked the authority concerned in the railways to issue appropriate orders notifying the above as expeditiously as possible.

                                           It cannot be lost on us that para 12 then stipulates that, “In the above perspective and being guided by the specific averments in para 7 of the counter affidavit filed on behalf of the Indian Railways, wherein they say that they will accept the identity card issued by the various Bar Councils if they undertake to verify its genuineness in case suspicions are raised on the authenticity of the cards, I order this writ petition and direct the competent Authority of the Indian Railways to issue appropriate proceedings/orders notifying the acceptance of the identity cards issued to Advocates by the Kerala Bar Council and all other Bar Councils in India as valid proof of identity for train journey/travel.”

                                     Finally and most importantly, para 13 then enunciates that, “This exercise shall be completed by the competent amongst the respondents 1, 5 and 6 as expeditiously as is possible, but not later than 2 months from the date of receipt of a copy of this judgment and the consequential orders shall be notified and published as per application procedure. This writ petition is thus ordered.”

                                All said and done, it is most heartening and refreshing to see that this landmark and laudable judgment delivered by the Kerala High Court through Justice Devan Ramachandran directing the Indian Railways to treat identity cards issued to lawyers by respective Bar Councils as a valid identity proof to undertake a train travel has now finally been implemented by the Railways by issuing the requisite Circular in this regard! This should have been there right from the start but better to be late than never! No doubt, full credit and full marks for this certainly goes to the Kerala High Court which has conveyed a loud and clear message to one and all that just like other identity cards, the identity cards issued to lawyers are also reliable identity proof and can be relied upon at any given point of time!   


Courtesy/By: SANJEEV SIROHI  |  01 Nov 2018     Views:1670

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My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:954
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:1306
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:4104
Why Should UP Have Least High Court Benches In Ind...
20 May 2019     Views:702
Successive Bail Applications Should Be Placed Befo...
20 May 2019     Views:6117
“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:704
Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:646
Mere Pendency Of Civil Case Between Complainant An...
20 May 2019     Views:700
Section 482 CrPC: HC Should Assign Reasons As To W...
20 May 2019     Views:1919
Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:687
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:683
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:2229
Nations Must Make Gun Laws More Stricter...
04 Apr 2019     Views:2726
SC Designates 37 Lawyers As Senior Advocates...
04 Apr 2019     Views:3631
Adding Additional Accused: To Invoke Section 319 C...
04 Apr 2019     Views:4224
SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
04 Apr 2019     Views:899
P&H HC Directs Protection Of Honest Officers While...
04 Apr 2019     Views:767
Death Sentence Can Be Imposed Only When Life Impri...
19 Mar 2019     Views:1346
Islamabad High Court Rejects Plea Against Release ...
19 Mar 2019     Views:1328
Lawyers Resort To Seek Unnecessary Adjournments Am...
19 Mar 2019     Views:1416
Even Poem Can Help Save A Death Convict From Gallo...
19 Mar 2019     Views:1324
Educated Woman Supposed To Be Fully Aware Of Conse...
19 Mar 2019     Views:750
Jammu and Kashmir HC Upholds PM’s Employment Pac...
19 Mar 2019     Views:1040
Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1641
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:1921
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:1742
Punjab & Haryana HC Issues Slew Of Directions To C...
23 Feb 2019     Views:2002
Court Has to Confine Itself To The Four Corners Of...
23 Feb 2019     Views:790
Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:811
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:1793
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:1523
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:2217
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1413
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1581
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:1805
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1104
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1273
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:1376
Mere Allegations Of Harassment Without Proximate P...
23 Jan 2019     Views:1739
Legal Article Why Should They Speak Lies: Decease...
23 Jan 2019     Views:870
Can a Economic offender can escape by surrendering...
22 Jan 2019     Views:745
NCW is a Lame Duck or Legal Guardian for women...
22 Jan 2019     Views:706
Mutual Consent Divorce Procedure in Chennai Family...
21 Jan 2019     Views:3147
Quick Divorce in India...
21 Jan 2019     Views:765
4 Important things to file Divorce in Chennai...
21 Jan 2019     Views:858
How to get Divorce for Muslim Men ...
21 Jan 2019     Views:9296
Offences Under Section 307 IPC Can’t Be Quashed ...
17 Jan 2019     Views:2167
Suspicion, Howsoever Grave, Can’t Substitute Pro...
17 Jan 2019     Views:783
Delhi HC Rejects AJL's Plea Against Centre's Order...
03 Jan 2019     Views:1520
1984 Anti-Sikh Riots: Delhi HC Awards Life Term To...
03 Jan 2019     Views:1388
SC Dismisses Petitions Seeking Probe Into Rafale D...
20 Dec 2018     Views:1639
Executive Magistrate Cannot Direct Police To Regis...
20 Dec 2018     Views:2006
Why Lawyers Of West UP Are Compelled To Strike Fre...
20 Dec 2018     Views:987
recheck...
19 Dec 2018     Views:1044
1984 Anti-Sikh Riots – Delhi HC Upholds Convicti...
12 Dec 2018     Views:1147
Why Lawless West UP Has No High Court Bench?...
11 Dec 2018     Views:1197
Bombay HC Quashes Government Resolution Making It ...
26 Nov 2018     Views:1425
SLP Against Death Sentence Shall Not Be Dismissed ...
26 Nov 2018     Views:1502
SC Allows Live-Streaming Of Public Proceedings In ...
26 Nov 2018     Views:1364
Sexual Offenders Registry For Law Enforcement Agen...
26 Nov 2018     Views:1255
Delhi HC Sentences 16 Policemen To Life Imprisonme...
26 Nov 2018     Views:793
Men Too Have Right Not To Be Defamed And Denounced...
26 Nov 2018     Views:713
Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:769
CJI Ranjan Gogoi Demonstrates His Firm Resolve And...
26 Nov 2018     Views:712
SC Issues Directions On Examination Of Witnesses I...
26 Nov 2018     Views:1264
Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:988
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:1670
SC Sets Deadline On Sale Of BS-IV Vehicles; Says H...
01 Nov 2018     Views:1602
Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:2772
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:1936
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:939
SC Strikes Down 158 Year Old Adultery Law Under Se...
23 Oct 2018     Views:1569
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1127
Leaders Of Outfits Calling For Mob Violence Liable...
23 Oct 2018     Views:740
Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:1232
New CJI Ranjan Gogoi Is Determined To Ensure Sweep...
23 Oct 2018     Views:726
Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:1508
Reputation Of An Individual Is An Insegregable Fac...
26 Sep 2018     Views:1940
Sec. 498A IPC: Only HC Can Quash Cases On Settleme...
18 Sep 2018     Views:3073
Punjab & Haryana HC Orders Rape Convict, Mother To...
17 Sep 2018     Views:1699
Bombay HC Imposes Cost Of Rs 50K On Petitioner Fir...
17 Sep 2018     Views:990
Uttarakhand HC Dismisses “Contempt Petition” A...
14 Sep 2018     Views:1096
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1042
Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1136
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1294
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:1914
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1000
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:1588
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1200
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:956
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1020
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1033
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1188
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1126
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1061
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1383
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1382
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1097
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:966
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1057
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2164
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:1962
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2152
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1526
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:894
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:838
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1032
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:937
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1058
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:3078
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:1778
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:1654
Have A Functional National Law University Within 3...
05 Jul 2018     Views:1366
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:801
Cancel Licences of Drivers Using Cell Phones; Helm...
05 Jul 2018     Views:740
Uttarakhand High Court Puts Restrictions On Noise ...
05 Jul 2018     Views:765
Supreme Court To Look Into Validity Of Amended Law...
05 Jul 2018     Views:830
Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1195
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1235
Free Mentally Ill Children And Formulate Policies ...
11 Jun 2018     Views:1457
Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:1835
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1391
Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:1513
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:987
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:833
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:835
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:2222
SC Women Lawyers Association Seeks Chemical Castra...
01 Jun 2018     Views:799
SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:1479
UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:763
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:838
Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:869
Why Cases Withdrawn Against Stone Pelters In Kashm...
01 Jun 2018     Views:950
A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:1015
People Of Karnataka Should Worship Congress...
01 Jun 2018     Views:806
Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:837
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:874
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:748
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:744
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:817
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1045
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:812
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:778
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:1736
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:829
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:775
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:741
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:755
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1292
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:836
SC Quashes All The 88 Mining Leases In Goa...
10 Feb 2018     Views:825
Prevention Of Money Laundering Act -2002 (PMLA-20...
07 Feb 2018     Views:730
Prevention Of Money Laundering Act-2002 Amended ...
04 Feb 2018     Views:1100
Prevention Of Money Laundering Act -2002 --U/S 45(...
03 Feb 2018     Views:1013
Prevention Of Money Laundering Act-2002 (P...
16 Jan 2018     Views:823
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13 Jan 2018     Views:747
Prevention Of Money Laundering Act-2002 PMLA...
13 Jan 2018     Views:749
Right to Know...
05 Jan 2018     Views:1062
A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:1328
Enviornment protection is for saving universe...
28 Dec 2017     Views:784
RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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PROBLEMS WITHIN THE EXISTING POLICE SYSTEM...
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LEGALITY : LEGALITY OF MARITAL RAPE...
26 Dec 2017     Views:1458
RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
26 Dec 2017     Views:861
UIDAI suspends Airtel, Airtel Payments and Banks e...
26 Dec 2017     Views:1130
2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
26 Dec 2017     Views:940
Motherhood or Employment- the judicial perspective...
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