The Calcutta High Court declined to entertain a Public Interest Litigation (PIL) seeking enforcement of an advocate protection law. The court emphasized that its role is to interpret the law, not create it, stating that the responsibility for such legislation lies with the State of West Bengal.
Kolkata: The Calcutta High Court dismissed a public interest litigation (PIL) seeking directives for the protection of lawyers through legislative enforcement.
A Bench consisting of Chief Justice TS Sivagnanam and Justice H Bhattacharyya emphasized that it is the responsibility of the State to introduce such measures, noting that the judiciary cannot assume the role of a legislative body.
The court stated in its order on September 5,
“This court cannot legislate; it can only interpret the law… It is for the State of West Bengal to introduce legislation or adopt any Central legislation or pass appropriate laws, as other states like Rajasthan have done with the Rajasthan Advocates’ Protection Act, 2023,”
The Court, while disposing of the plea, allowed the petitioners the freedom to submit their request to the State.
This decision was in response to a petition filed by a non-profit organization and a lawyer, who called for legislative actions to ensure that advocates can perform their professional duties without fear, violence, or harassment.
The petitioners had also requested the formation of a specialized monitoring committee or task force to oversee the implementation of any guidelines related to the matter.
Furthermore, they sought the immediate installation and maintenance of functional CCTV cameras in key areas, as well as the establishment of a dedicated unit for the swift registration and investigation of complaints concerning threats, harassment, or intimidation faced by advocates.
The Court disposed of the petition, stating that it could not legislate on such matters.
In its final remarks, the Court noted,
“We grant liberty to the writ petitioner to pursue the writ petition before the State of West Bengal, and if the representation is submitted … the same shall be considered in accordance with law.”
The Court also directed the State Bar Council of West Bengal to present its views to the government for appropriate legislation on the matter.
Advocates Sandip Ray, S Srivastava, Shaondeep Chakraborty, Madhurima Sarkar, Aishwarya Nanda, and Urmi Biswas represented the petitioners, while Deputy Solicitor General of India Rajdeep Majumder and Advocate Samrat Ghosh appeared for the Union of India.
Read Order