3 days ago
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.
