In a significant development, the Delhi High Court has directed the Delhi Government to expedite the enactment of the Advocates Protection Bill, 2024, in response to escalating concerns over the safety of legal professionals within court premises. This directive emerged from a plea filed by lawyers Deepa Joseph and Alpha Phiris Dayal, highlighting a disturbing increase in violent incidents targeting advocates, including the tragic killing of Advocate Virender Kumar in April 2023. The petition underscores the urgent need for legislative measures to safeguard the legal fraternity, especially young and first-generation lawyers who are increasingly apprehensive about their security while performing their professional duties.
The court acknowledged the Delhi Government's status report indicating that the Law Department has prepared the final draft of the Advocates Protection Bill, 2024. However, this draft awaits consideration by the Council of Ministers, as its enactment constitutes a policy decision. The Coordination Committee of All District Courts Bar Associations of Delhi, a key stakeholder, expressed concern over not being furnished with the draft, thereby lacking the opportunity to provide feedback or suggestions. Recognizing the importance of inclusive consultation, the High Court directed the Delhi Government to share the draft bill with the Coordination Committee, facilitating their participation in the legislative process.
The petitioners emphasized that the absence of protective legislation infringes upon their fundamental rights under Article 19(1)(g) and Article 21 of the Constitution, which guarantee the right to practice any profession and the right to life and personal liberty, respectively. They argued that the recurring acts of violence within court premises have instilled a pervasive sense of fear among advocates, thereby impeding their ability to perform their professional responsibilities without apprehension. The petitioners also referenced the Advocates Protection Act enacted in Rajasthan, which provides a framework for the protection of lawyers, as a model for Delhi to emulate.
The High Court's directive underscores the imperative for the Delhi Government to act decisively in addressing the safety concerns of the legal community. By mandating the sharing of the draft bill with the Coordination Committee and urging expeditious steps towards its enactment, the court aims to foster a collaborative approach to legislating protections for advocates. This move is anticipated to not only enhance the security of legal professionals but also to reinforce the integrity of the judicial system by ensuring that advocates can perform their duties without fear of violence or intimidation.
In conclusion, the Delhi High Court's intervention serves as a pivotal step towards instituting legal safeguards for advocates in the capital. The successful enactment of the Advocates Protection Bill, 2024, will mark a significant advancement in upholding the rights and safety of the legal fraternity, thereby strengthening the rule of law and the administration of justice in Delhi.
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