Allow Cookies!
By using our website, you agree to the use of cookies
In a recent case, the HC of Kerala 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. The court also asked the concerned authorities in the railways to issue appropriate orders notifying the above as soon as possible.
The plea was filed in a case wherein the request to consider the lawyer identity cards as a valid identity proof were rejected by the Indian Railways stating untenable reasons. The Railway authority rejected the earlier request of the petitioner, holding that the Bar councils are not government bodies, and are available at different levels in the country (district, state, national). Hence, in the absence of any uniformity in the cards issued by such bodies, the same ought not to be considered as acceptable and valid.
The above matter came up beforeJustice Devan Ramachandran for consideration, however, did not accept the stand of the railways. After a granular analysis and examination of the entire scope of the issue, Justice Devan held that the view taken by the Railways was unsustainable and incorrect. According to the court, the notion of different level of Bar councils was incorrect, there being only one respective Bar Council for a state and Bar Council of India at the national level. Additionally, it was also ruled that the Bar Councils are those statutory bodies that are constituted under the Advocate’s Act, which enables them to ensure the rectitude and validity of the documents issued by them, if it is so required by any authority in terms of the law.
Hence, the Court directed the Indian Railways to accept the Lawyer ID card, issued by respective Bar Council, for undertaking a train journey/travel. It was also made clear that the Railways would be at liberty to according examine the genuineness/validity of such cards, in cases where suspicions are raised on the cards by the authorities.
86540
103860
630
114
59824