BCI Announces Draft Advocates Protection Act Submitted By 7-member Committee; Proposes Social Security, Loan Facility And Police Protection
Bar Council Of India in its press release announced that the 7-member committee constituted for drafting the Advocates Protection Bill, has submitted its report today.
All stakeholders have been requested to peruse the draft and provide their inputs by July 9, 2021.
“The Advocates fraternity is literally acting as one of essential wings of the justice delivery system akin to the Police and the Judiciary and while the police and judiciary have access to protection, social security and even privileges; the most important link between the two who argue and present the cases/matters in courts is/are not given proper protection against the nefarious activities of anti social elements,” BCI Chairman Shri Manan Kumar Mishra says in the Press release.
The 7-member committee comprised of:
- Mr. S. Prabakaran, Senior Advocate, Vice-Chairman, BCI;
- Mr. Debi Prasad Dhal, Senior Advocate, Co-Chairman, BCI;
- Mr. Suresh Chandra Shrimali, Co-Chairman, BCI;
- Mr. Shailendra Dubey, Member, BCI and Press Council of India;
- Mr. Prashant Kumar Singh, Chairman, Co-ordination Committee of State Bar Councils;
- Mr. A. Rami Reddy, Executive Vice-Chairman, BCI Trust and
- Mr. Shreenath Tripathi, Chairman, Legal Aid Committee.
Statement of Objects and Reasons, inter-alia, says,
“The recent incidents of assault, killings, intimidation and regular threats caused to Advocates, due to proper and honest discharge of their professional duties, have reached alarming heights.
This has also resulted in law and order situations and sometimes causes obstruction and deficiencies in rendering professional services by Advocates to their clients; apart from this, due to such incidents and threats there is a deep sense of apprehension in the minds of Advocates while discharging their professional duties.
In order to protect Advocates from such assaults, intimidation, coercion and threats, it is necessary to bring a Legislation for the protection of Advocates.”
The Definition Clause defines act of violence under five heads, including, usage of derogatory language during course of judicial/quasi-judicial proceedings.
Minimum punishment of 6 months extendable upto 5 years is stipulated under the draft Act.
For repeated offenders, minimum punishment of 2 years extendable to a maximum of 10 years is further provided.
The Act also proposes to accord Police Protection to Advocates apprehending act of violence, upon an application to the High Court.
A 3-member Committee for Redressal of Grievance of Advocates/Bar Associations is further suggested; “The said Committee shall consist of the Head of the Judiciary i.e. the District Judge at District and Taluka Level, the Chief Justice of concerned High Court (or a Judge of High Court nominated by him) for the concerned State and the Chief Justice of India (or any Judge of Supreme Court nominated by him) for the purpose of redressal of grievances of Advocates practising in Supreme Court.”
Provisions for Social Securities and Loan Facilities also find place under the draft proposal
“The Central Government as well as the State Governments may make provisions to provide financial assistance to all the needy Advocates of the country during any unforeseen situation like epidemic or any other natural calamities. A minimum of Rs. 15000 every month may be made available to each needy/affected Advocate through the Local District Magistrate/Distt. Court on the recommendation of concerned State Bar Council. Out of the total financial assistance, 50% may be borne by the Central Government and rest half may be borne by the concerned State Bar Council. This assistance may be granted till the end of pandemic situation or the ill affects of calamity is over.”
Under the proposed Section 10, the Act provides for “Protection of action in due conduct of duties by Advocates,” as per which, no suit, prosecution or other legal proceedings shall lie against any advocate for anything which is in good faith done or intended to be done in the due conduct of duties of such Advocate.
On April 9, A petition was moved by AOR Anzu Varkey, argued by Advocate J. Sai Deepak, before a bench of Chief Justice SA Bobde, seeking directions for enacting Advocates Protection Act. The cause gained prominence following to the brutal murder of Telangana lawyer couple, Advocates Gattu Vaman Rao and his wife PV Nagamani.
The bench had then directed the petitioners to make representation to the Ministry.