Lawyer Moves Kerala High Court Seeking Protective Legislation For Safety Of Members Of Law Community

Justice Devan Ramachandran yesterday remarked that the legal profession is a noble and dignified profession and enquired regarding instance of attack against lawyers within court premises. The Court has sought response from the Bar Council of Kerala.

The plea averred that lawyers perform different roles and important functions in the justice delivery system. He submitted that instances of assaults against lawyers are increasing and stated that lawyers are even attacked inside court premises by the public. He pointed out a recent instance where a witness attacked a lawyer within the Nedumangad Court Complex in Trivandrum.

The petitioner also submitted that lawyers require legislative protection through the enactment of a statute. He added that persons from other professions are given statutory protection. He submitted that the Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Ordinance will ensure protection for healthcare workers and doctors. He also referred to the Kerala Police Act 2011.

“while the members of similar profession has been extended protection by way of suitable legislative measures, the members of the lawyer community who risk their own life for upholding laws of this country has never been provided with statutory recognition or protection. The provisions of the Healthcare Service Institutions Ordinance and Kerala Police Act shows how suitable legislative provisions can help in building the necessary recognition and protection to be extended to the members of such profession”, the plea stated.

The petitioner stated that he has submitted a representation before the state government detailing the issues faced by members of the law community. He added that no action has been taken on the representation and seeks a direction from the Court for its consideration. The plea also seeks the issuance of direction to the respondents to take immediate steps to ensure the protection of lawyers from any sort of attack by the public.

The petitioner is represented by Advocates Jomy K Jose and Jismin Jose

Case title: Adv. Vishnu Sunil Panthalam v State of Kerala

Case number: WP (C) No. 36838/2023