Court Cannot Legislate, Up To State Govt: Calcutta High Court Dismisses PIL Seeking Implementation Of Advocates' Protection Law

The Calcutta High Court has dismissed a public interest litigation seeking the implementation of various protective measures for advocates such as the Advocates Protection Act, which would provide safeguards for advocates to ensure their ability to perform their professional duties without fear or violence or harassment.

The petitioner also sought protection to establish a dedicated monitoring committee or task force to oversee the implementation of the guidelines. and a direction to immediately install and maintain functional CCTV cameras in all the critical areas and to direct the authorities to establish a dedicated cell or mechanism for the prompt registration and investigation of complaints related to threats, harassment or intimidation of advocates.

In dismissing the plea, the division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:

"If the petitioner seeks for implementation of any law that needs to be done in the manner as provided under the said statute. In the pleading the petitioner indirectly seeks for a direction to frame certain guidelines, this court cannot legislate and the court can only interpret the law."

"Therefore, it is for the State of West Bengal to come forward with the legislation or adopt any Central legislation or to pass appropriate legislation has done by the other States, namely, the State of Rajasthan which has introduced the Rajasthan Advocates' Protection Act, 2023.," it added.

Thus, the court dismissed the plea with liberty on the petitioners to approach the state government with a representation for the same and directed the Bar Council of West Bengal to submit their views to the state government on the issue as well. 

Case: JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS.

Case No: WPA(P) 365/2024

Citation: 2024 LiveLaw (Cal) 209

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