In a recent order, Justice Sanjeev Narula’s bench instructed the government to submit a report detailing the steps taken thus far.
New Delhi: The Delhi High Court has called for a status report from the Delhi government concerning the Advocate Protection Act.
In a recent order, Justice Sanjeev Narula’s bench instructed the government to submit a report detailing the steps taken thus far.
The High Court had previously issued notices to both the Centre and the Delhi government on April 12, 2023, in response to a petition advocating for the implementation of the Advocate Act in Delhi.
The petition was filed by lawyers Deepa Joseph and Alpha Faris Dayal. During the hearing, advocate KC Mittal, representing the Delhi Bar Council (BCD), stated that the BCD and the Coordination Committee of Bar Associations for All District Courts are currently drafting the Advocate Protection Bill.
In response to the BCD’s arguments, the court directed both the BCD and the Coordination Committee to submit a status report on their discussions with senior government officials, including Lieutenant Governor VK Saxena, Chief Minister Arvind Kejriwal, and the Law Secretary.
The petition highlights a concerning rise in violence within various district courts in Delhi, citing the recent murder of lawyer Virendra Kumar Narwal in Dwarka. It also notes that the High Court took suo motu cognizance of court security issues back in 2021.
The next hearing is scheduled for December 16.
What is Advocates Protection Bill, 2021
In line with these resolutions, the Bar Council of India drafted the Advocates Protection Bill, 2021, on July 2, 2021. This draft bill primarily aims to safeguard advocates and their families from various crimes, including assault, kidnapping, and unlawful detention. The Advocates Protection Bill, 2021 includes measures for the safety of lawyers and financial assistance for those in need. Additionally, it outlines compensation for advocates if their rights are infringed upon.
The Chairman of the Bar Council of India, Sr. Advocate Manan Kumar Mishra, highlighted in a press release on July 2, 2021, that “lawyers serve as the vital connection between the police and judiciary. While both the police and judiciary enjoy various protections, social security, and privileges, advocates who represent clients in court lack essential safeguards.” Since then, the Bar Council has called on several states to implement legislation aimed at protecting advocates, yet the requests and the demands of numerous advocates have largely gone unanswered.
In 2021, the Bar Council of India submitted a draft of the Advocates Protection Law to the Union Ministry of Law, but there has been no national legislation enacted as of now. Following the tragic murder of a lawyer in Jodhpur, the Bar Council requested the Rajasthan Government to prioritize the establishment of a law protecting lawyers and their families. The Rajasthan Government responded positively, passing the Rajasthan Advocates Protection Bill, 2023, making it the first state in India to legislate protections for advocates.
Other states can learn from Rajasthan’s approach and adopt similar protections for lawyers without waiting for incidents that spark protests. The safety of advocates can only be assured if both the Central and state governments implement comparable legislation. Such laws are crucial for ensuring that advocates can perform their professional responsibilities without fear of intimidation or outside pressures, ultimately contributing to the delivery of justice and the reinforcement of the rule of law.
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