Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions

The division bench of the Acting Chief Justice Manindra Mohan Shrivastava and Justice Anil Kumar Upman also took notice of a recent incident of murder of a lawyer in the state which has led to a wide spread agitation.

The bench was hearing a PIL filed in 2020 on the issue of framing of appropriate legislation for protection of advocates.

It observed that the issue raised in the PIL has remained pending since 2020.

The court noted that after filing of the PIL, the State has drafted a Bill “Draft bill of The Rajasthan Advocate (Prevention of Offences and Damage of Loss to Property) Bill, 2021”.  Additional Advocate General for the State, Major R.P. Singh submitted that the issue raised by the PIL is going to be considered at the top Executive level within a very short period.

The court observed that the Bar Council of India has also submitted a draft bill- “Advocates (Protection) Bill, 2021” to the Ministry of Law and Justice considering the harassment, threat or violence against the advocates.

However, the court noted: 

“We, thus, find that though the grievance of the Members of the Bar has been taken up for consideration at different level, but till date no legislation has come.”

The court said that steps contemplated in future on the part of the respondents would be clear only from their reply.

Dr. Abhinav Sharma, counsel for the petitioner, submitted that the court may consider issuance of guidelines till appropriate legislation is framed by the legislature on which the court sought response from the Union of India, State Government and Bar Council of Rajasthan.

The court further impleaded Bar Council of India as a respondent in the PIL and issued notice.

“The Bar Council of India may also come out with appropriate suggestions in the matter towards framing of guidelines,” the court said.

The matter is listed again on March 20.

Case Title: Prahlad Sharma v. The Union of India & Ors.

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