High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.

Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of all district courts are in the process of drafting the Advocates Protection Bill. 

Mittal submitted that the BCD and Coordination Committee are in consultation with senior government officials including Lieutenant Governor VK Saxena, Chief Minister Arvind Kejriwal and Law Secretary.

Taking note of the submission, the court directed the Bar Council of Delhi and the Coordination Committee to file a status report, while listing the matter for hearing next on May 25.

The court was hearing a plea filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi.

The petition has been filed in wake of the killing of an advocate, Virender Kumar, earlier this month.  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.