Hold Stakeholder Consultation On Draft Advocates Protection Bill: High Court To Delhi Govt

The Delhi High Court on Thursday asked the Delhi Government to hold stakeholder consultation on the draft Delhi Advocates (Protection) Bill, 2023 which seeks to provide safety and security to lawyers from incidents of assaults, killings, intimidation and threats.

Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the first draft of the bill has been prepared and sent to law minister and Chief Minister of the Delhi Government for consideration.

Ordering that a copy of the draft bill be placed on record along with index, Justice Singh said:

“Let steps be taken for examination of the drafts bill and let stakeholder consultation be held by the GNCTD. After the stakeholder consultation on examination of the drafts bill, let the action taken report be filed.”

The matter will now be heard on September 06.

The court was hearing a plea filed by lawyers Deepa Joseph and Alpha Phiris Dayal stating that there is an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi. The petition was filed in wake of the killing of an advocate, Virender Kumar in April.   Other incidents of shooting inside the court premises have also been referred to in the petition. 

The plea also mentions about a suo motu case that was initiated by the high court in 2021 for ensuring safety and security of the trial courts.

“That the Petitioners firmly feel that it is high time now that a decision is taken for enactment of the Advocates Protection Act in Delhi, particularly when recently the State of Rajasthan has also recently passed such an Act. Only an Act that guarantees protection to the fraternity of lawyers practising in Delhi will help remove the sense of fear that has embedded in the minds, particularly among young first-generation lawyers like the Petitioners herein due to the repeated acts of firing inside court premises and altercations to state the least,” the plea states.

It has further been submitted that the recent incident of killing of the lawyer has created an atmosphere of fear among the lawyers and that the same infringes the right to practise any profession or to carry on any occupation, trade or business under Articles 19(1)(g) and right to life under Article 21 of the Constitution of India.

Title: DEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR