In a Resolution issued on June 10 the Bar Council of India constituted a committee to frame a Draft of “The Advocates Protection Act” to ensure adequate protection to members of the legal fraternity so that they can carry on their duties as officers of the court, fearlessly without having to worry about their and their family’s safety.
In this resolution, the Members of the Bar Council of India noted with deep concern, the frequent and often violent physical attacks on members of the Advocates fraternity. It was discussed and deliberated with anguish that it is extremely distressing to see that while it is the Advocates fraternity that provides justice to the citizens of the country; and for this reason, they have to file and argue cases most of the time against the dreaded anti-social elements and criminals, but the Advocates are themselves left without even bare minimum adequate protection against such elements. As a result of such cases, Advocates are often at the receiving end/target of such criminal and anti-social elements.
In the meeting Bar Council’s agenda is the incident of Jaipur, Rajasthan where some of the criminals physically attacked Advocate Shri Ram Sharma and his wife Vandana Sharma and broke their legs and caused them several serious injuries. This matter was brought to the notice of the Council by the Co-Chairman, Shri Suresh Chandra Shrimali. The Council resolved to write to the Director-General of Police Rajasthan to take immediate steps to arrest the culprits and get a fair and expeditious investigation done in the matter.
The Government of Rajasthan is to ensure the protection of Advocates of the State, and the council resolved to write to the Chief Minister in this regard.
The Council further noted that of late there has been an increase in the attacks on advocates. It was only recently that we were witness to a heinous and barbaric incident of daylight murder of Advocate Couple (Gattu Vaman Rao and his wife P. V. Nagamani) in Telengana.
It is to be mentioned here that the Karnataka Advocate had filed a PIL against custodial death in police station and some other cases against some leaders of the ruling party in Telangana and the horrific incident took us back to the days of anarchy and lawlessness and goondaraj.
Such incidents are examples of severe threat and attack on the independence of the Bar. This is the high time when the Union and the State Government should take-up the issue with all sincerity failing which the Advocates of the country would have to take recourse of a countrywide agitation, the resolution said.
Bar Council stated that, as a result of the increasing incidents of attacks of Advocates, it has been resolved and decided that a Committee be constituted to frame a Draft of “The Advocates Protection Act” to ensure adequate protection to members of the legal fraternity so that they can carry on their duties as officers of the court, fearlessly without having to worry about their and their family’s safety.
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Council said that, it is imperative that such Act be passed by the Parliament at the earliest as the Advocates fraternity is literally acting as one of essential wings of the justice delivery system akin to the Police and the Judiciary and while the police and judiciary have access to protection and privileges, but, the most important link between the two who argue and present the cases/matters in courts is/are not given proper protection against the nefarious activities of anti social elements.
Source: ILNS