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Indian Express
3 days ago
- Politics
- Indian Express
From ensuring police protection to compensation: how the Advocates Protection Bill aims to safeguard Delhi lawyers
The draft of the Delhi Advocates (Protection) Bill underlines that lawyers in Delhi who are at risk of facing violence are entitled to police protection. Following the Delhi High Court's directions last month, the government recently shared the draft with lawyers who had approached the court regarding the safety of legal professionals. 'Any advocate who is under the threat of being a victim of an act of violence shall be entitled to police protection. The decision in this regard shall be taken by the deputy commissioner of police concerned in accordance with the rules, which the government may frame in this regard,' reads the draft shared on May 22. The draft also states that those who commit or abet 'acts of violence' against advocates 'shall be punished with imprisonment…for a term which may extend to three years, or with fine or with both'. Repeat offenders will be punished with an imprisonment of up to five years and a fine. These 'acts of violence' include harassment, coercion, assault, criminal force or criminal intimidation with an intent to prevent the lawyer from discharging duties, coercion to withdraw vakalatnama (legal document that authorises an advocate to represent a party) and loss or damage to any property or documents belonging to the advocate. 'Whoever stops, restrains, or attempts to stop or restrain any advocate from appearing before any court, tribunal, or judicial authority or from discharging his professional duties in any manner before the aforesaid forums shall be deemed to have committed an offence under this Act. Provided that the fact that advocates are on strike or any other similar reason, shall not constitute a defence to any offence committed under this section,' reads the draft. Along with fines and punishments, the draft also has a provision for compensation of 'such amount as may be determined by the Court for causing any act of violence against any advocate'. There is, however, a caveat. The draft Bill prevents cognisance of the offences without the recommendation of the Bar Council of Delhi. 'Notwithstanding anything contained in this Act or any other law for the time being in force, no court shall take cognisance of any offence punishable under this Act unless there is a recommendation in writing by the Bar Council of Delhi,' it says. Before making a recommendation, the Bar Council of Delhi will conduct a preliminary enquiry to 'satisfy itself'. This enquiry shall be completed 'preferably' within 90 days of receiving a written complaint from the aggrieved advocate or any authorised representative. The draft Bill acknowledges a spike in the incidents of assault and intimidation against lawyers in Delhi. 'Recently, such incidents have reached alarming heights. This has also resulted in law-and-order situations and deficiencies in rendering professional services by advocates to their clients, apart from causing a deep sense of fear in the minds of advocates,' it reads. On April 21, the high court had told the Delhi government to take 'expeditious steps' for enacting the Advocates Protection Bill. Justice Sachin Datta gave these directions while hearing a petition filed by advocates Deepa Joseph and Alpha Phiris Dayal seeking instructions to the Centre and the Delhi government to consider enacting the Advocates Protection Bill in the Capital. The high court had then also directed that a copy of the draft be provided to the applicants. This was finally done on May 22. As per the Delhi government, the Bill will require approval from the Council of Ministers, after which it will be referred to the Lieutenant Governor for approval.
Indian Express
23-04-2025
- Indian Express
I'm just a proxy counsel, are you settling a score: Lawyer asks judge; ‘unwarranted', says court, refers incident to HC
After a Delhi court asked an advocate why he wasn't prepared for cross-examination of witnesses in a 2020 Northeast Delhi riots case, the lawyer replied saying that 'he was just a proxy counsel'. Taking offence to his response, Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma court referred the matter to the Delhi High Court and the Bar Council of Delhi. The court was hearing a case in relation to an FIR registered by the New Usmanpur police station in 2020. The trial in the case has been going on since 2021. The accused have been charged with murder, rioting, causing disappearance of evidence, and being part of an unlawful assembly, among others, during the 2020 Northeast Delhi Riots. '…Anil Kumar Goswami, advocate bluntly retorted back saying that 'koi score settle kar rahe hai kya (are you settling a score)' and that 'mujhe kya malum aapne aur steno ne kya likha (how do I know what you and the stenographer wrote)',' stated the order of ASJ Pramachala dated April 7. The court pointed out to the lawyer that the order sheets show that he had been appearing as a counsel for both of the accused in the case. He was also reminded that he himself had claimed that he signed vakalatnamas for the accused. 'Such kind of response from Anil Kumar Goswami, advocate, is shocking and has compelled me to presume that he has come prepared in the court with some different intentions, and I have no second thought that such conduct on the part of an advocate cannot be termed as professional on the parameters of rules framed by Bar Council,' the judge said after hearing the lawyers 'unwarranted' remarks. '…the conduct of Anil Kumar Goswami… is questionable and objectionable. Hence, same is referred to Bar Council of Delhi as well as to Hon'ble High Court of Delhi, for assessment… on the parameters of professionalism expected from a lawyer before the court, and on the parameters of scandalising the proceedings before the court, while making some unwarranted remarks,' ASJ Pramachala added.
