Special Committee of Bar Council of Delhi finalizes 'Delhi Advocates (Protection) Bill, 2023'
The object of the Bill is to provide adequate safety, and security and to safeguard advocates from incidents of assaults, killings, intimidation, and threats, which have been frequently happening in the past.
The Special Committee of Bar Council of Delhi (BCD) headed by K.C. Mittal Member, Bar Council of Delhi, and Dr. N.C. Sharma, Chairman, of the Coordination Committee, and Raman Sharma, Secretary General, the Coordination Committee along with Presidents and Secretary of the All Bar Associations, after marathon deliberations, have finalized the “Delhi Advocates (Protection) Bill, 2023”.
The press release issued by the BCD stated that the object of the Bill is to provide adequate safety, and security and to safeguard Advocates from incidents of assaults, killings, intimidation, and threats, which have been frequently happening in the past.
The Committee has also included the protection of privileged communications between advocates and clients and acknowledged the freedom of expression and association, it stated.
The Act will be applicable to the advocates covered under the Advocates Act, 1961. “While defining the acts of violence, offenders, punishment and to provide compensation, it also provides for an important aspect to provide police protection to the Advocates in case of any threat, in appropriate cases”, the committee’s press release stated.
The Bill protects advocates from illegal arrest and malicious prosecution. “However, the protection under this Act will be available to the advocates and not to others who are involved in any vocation, trade, activity, business, etc”, it clarified.
The Bill also provides for the Constitution of a Permanent Grievance Redressal Committee, at the level of each District Court and High Court of Delhi and the said Committees shall consist of the Head of the Judiciary i.e., District Judge at the District level along with the President/Secretary of the concerned Bar Association and a nominee of BCD.
“For the High Court, the Committee shall comprise of Hon’ble the Chief Justice or his nominee, along with the President/Secretary of the Delhi High Court Bar Association and the Chairman or a nominee of Bar Council of Delhi”, the press release read.
“The respective Committees would be entitled to include two Senior Advocates or the Former Office Bearers of Bar Associations/Bar Council. This structure will act as and when any incident happens in the court premises and would make all efforts to resolve the same. However, if the situation warrants, the Committee will refer the matter to High Court and Bar Council of Delhi, and in case of police/any other authority, the Committee shall be competent to issue appropriate directions in the facts as are brought before it”, it added.