The Supreme Court has agreed to hear a petition seeking protection of lawyers’ privileges. Advocate Aaditya Gore has been pursuing the Advocates (Protection) Bill since 2014.
New Delhi: The Supreme Court of India, on Wednesday, July 16, issued notices to the Central Government, the Bar Council of India (BCI), and other concerned parties in response to a petition highlighting the serious problems faced by lawyers, especially the violation of their legal privileges.
This matter was heard by a bench consisting of Justices Vikram Nath and Sandeep Mehta.
The petition, filed by advocate Aaditya Gore, focuses on the long-pending demand for protection of lawyers’ rights and privileges through proper legislation.
The bench has now combined this plea with an already pending suo motu case, which relates to how investigating agencies have been summoning lawyers who either provide legal opinions or represent clients during the course of investigations.
Advocate Nishant R Katneshwarkar, who appeared on behalf of petitioner Aaditya Gore, informed the court that,
“The petitioner is a lawyer and for about 11 years, he is pursuing the authorities concerned including the Bar Council to draft this Bill.”
This refers to the Advocates (Protection) Bill which Gore has been urging the government to bring into force since 2014.
During the hearing, the bench observed that the bill is currently under consideration. Gore’s plea asked the court to issue directions to the relevant authorities to form a special committee under Section 10(3) of the Advocates Act, 1961, along with other relevant legal provisions, with the purpose of safeguarding the legal privileges and rights of advocates.
ALSO READ:Supreme Court Collegium Recommends Two Madras High Court Judges for Permanent Appointments
Section 10 of the Advocates Act talks about the creation of committees other than the disciplinary ones.
The petition mentioned that while the Advocates (Protection) Bill is still being reviewed by the Law Commission of India, the petitioner had earlier written to the Bar Council of India requesting it to use its powers under Section 7(d) of the Act to introduce rules for protecting the rights and privileges of lawyers.
The petition clearly stated that,
“The present petition, which is being filed in public interest, is necessitated due to various reported incidents which reveal that there is a compelling need for the bar councils to examine the concerns of breach of privileges and for taking effective measures for safeguarding the advocates from such breach.”
It emphasized that for the justice delivery system in the country to function smoothly and fairly, it is essential that lawyers are able to perform their duties without any fear or interference.
ALSO READ: ED Issues New Rule: Advocates Can’t Be Summoned Without Director’s Approval
“It was essential for an effective justice dispensation system to ensure that privileges of lawyers were not breached so as to enable them to carry out their duties fearlessly and independently.”
Furthermore, the plea brought up the issue of increasing assaults and attacks on advocates, calling it a grave concern.
It warned that,
“Attacks on advocates not only affects the personal dignity of individual advocates, but it severely undermines the dignity and functionality of the administration of justice.”
Click Here to Read More Reports On Advocates
