Hon'ble Judges/Coram:
Sambhaji Shiwaji Shinde and Madhav J. Jamdar

JUDGMENT

1. The Writ Petition has been filed under Article 226 of the Constitution of India r/w Section 482 of Criminal Procedure Code seeking following reliefs:-

(a) This Hon'ble Court by passing appropriate writ, order or direction, be pleased to direct the Respondent No. 2 to exempt the lawyers, their staff from restrictions of lockdown for the purpose of their court work only.

(b) This Hon'ble Court by passing appropriate writ, order or direction, be pleased to direct the Respondent No. 3 to revoke the challan issued against the Petitioner for alleged violation of lockdown rules.

(c) This Hon'ble Court by passing appropriate writ, order or direction, be pleased to direct the Respondent No. 2 to the advocates, legal service providers into the category of `Essential Services'

2. Heard the learned counsel for the parties.

3. The principal grievance raised in the Petition is that the advocates services have not been included in the category of "essential services", in spite of many lawyers all over the country are attending the courts for delivering their legal services on humanitarian ground in prevailing pandemic situation. Hence direction is sought to the second Respondent to include the advocates legal services as essential services by including the same in the category of "essential services" under the Maharashtra Essential Services Maintenance Act, 2017.

4. We have considered the submissions advanced by the learned counsel appearing for the Petitioner. The State Legislature in their wisdom thought it appropriate to enact the Maharashtra Essential Services Maintenance Act, 2017 to provide for the maintenance of certain essential services and the normal life of the community; and to provide for the matters connected therewith or incidental thereto. Sections 2 (a) and 3 of the said Act read as under:-

2. In this Act, unless the context otherwise requires,--

(a) " essential service " means,--

(i) any transport service for the carriage of passengers or goods, by land or water, with respect to which the State Legislature has power to make laws;

(ii) any service connected with the supply of gas or milk or water or electricity with respect to which the State Legislature has power to make laws;

(iii) any service connected with the maintenance of public health and sanitation including hospitals and dispensaries;

(iv) any public service, post and employment in connection with the affairs of the State and also persons appointed to the secretarial staff of both Houses of the State Legislature, and the officers and servants of the High Court;

(v) any service or post in connection with the affairs of the local authorities;

(vi) any other service, post, employment or class thereof, connected with matters in respect of which the State Legislature has power to make laws and when the State Government is of opinion that strike in such service, post, employment or class thereof would prejudicially affect the public safety or the maintenance of the supplies or services essential to the life of the community or would result in the infliction of grave hardships on the community, and which the State Government by notification in the Official Gazette, declares to be an essential service for the purpose of this Act;

3. (1) Every notification issued under sub-clause (vi) of clause (a) of section