State Bar Council Requests Punjab & Haryana Govts To Enact Draft Advocates Protection Bill Prepared By It, Warns Of State-Wide Agitation If No Steps Taken

The council has also warned the government of state-wide agitation if adequate steps are not taken regarding the same.

In a press note released by the State Bar Council earlier today, it has been stated that lately, attacks against advocates and cases of false implication against legal professionals have increased manifolds and therefore, a need is being felt regarding the implementation of such an act in both the states.

“From broad daylight incidents of murder, violent attacks, grievous hurts, kidnapping, intimidation etc in different parts of the states of Punjab and Haryana as well as in the parking of Hon’ble High Court and false implication by disgruntled/opposite parties to the opprobrium of breach of the client-lawyer privilege, there have been many such incidents which have been reported to the State Bar Council by Bar Associations, individual lawyers or their families. The year 2023 alone, as reported so far, has sadly witnessed two broad-daylight murders of Adv Umesh Pal in Uttar Pradesh and the recent of Adv Virender Narwal in Delhi. The trend is clear: lawyers are under attack because of their work, and they need better legal protections to sustain the viability of justice delivery systems,” the press note reads.

The Press note further adds that it is the obligation of the state to respect, protect, fulfil and promote the independence and security of lawyers, as well as their ability to perform their professional duties free from intimidation, hindrance, harassment, improper interference or reprisals from state and anti-social actors, the Council has sent two draft bills to the government for their enactment.

The press note also adds that there are laws in existence which protect serving professionals in their line of duty i.e., media persons, doctors etc from acts of violence and recently the Rajasthan state has become the first state in the country to pass the Advocates Protection Bill, 2023.

Against this backdrop, the Bar Council has requested the states to act on its demands in the coming days. It has further warned the governments that if adequate steps are not taken, then all advocates from Punjab, Haryana and U.T. Chandigarh shall be compelled to gather at a mass congregation/maha panchayat and initiate peaceful protest (without abstaining/suspending any judicial work) by participating in a state-wide agitation in this regard.

Highlights of the Draft bills

Section 3 proposes punishment in case of committing or abetting the commission of an act of violence against an advocate [minimum 6 months imprisonment up to 5 years, and with a fine of up to Rs. 1 lakh]

Section 4 proposes that compensation has to be paid by the person convicted under Section 3 to the victim advocate.

Section 5 proposes that an offence punishable under Section 3 shall be cognizable and non-bailable.

Section 6 proposes Compounding of Offences

Section 7 proposes providing Police protection to an advocate who is under the threat of being a victim of an act of violence.

Click here To Read/Download Press Note/Draft Bills