Thursday, June 17, 2021

"Protective Shield for the essential wings of the justice delivery system"

 

 7 Member Committee constituted by BCI For Framing Draft of "Advocates Protection Act" which will be the protective shield for the advocates and their family from threats & Attacks.

 The lawyers’ long-pending demand for Advocate Protection Bill should now be fulfilled after Chief Minister Shivraj Singh Chouhan’s assurance that it will be tabled in the assembly soon

Taking note of the recent attacks on lawyers and their family members, the Bar Council of India has resolved to constitute a 7 member committee for framing the draft "Advocates Protection Act" to ensure protection and safety to Lawyers in carrying out their duties.

The Council has nominated the following members to be part of the Committee:-

1. Mr. S. Prabakaran, Sr. Advocate, Vice-Chairman, Bar Council of India.

2. Mr. Debi Prasad Dhal, Sr. Advocate, Executive Chairman, Bar Council of India Trust.

3. Mr. Suresh Chandra Shrimali, Co-Chairman, Bar Council of India.

4. Mr. Shailendra Dubey, Member, Bar Council of India.

5. Mr. A. Rami Reddy, Executive Vice-Chairman, Bar Council of India Trust.

6. Mr. Shreenath Tripathi, Member, Bar Council of India.

7. Mr. Prashant Kumar Singh, Member, Bar Council of India.

In the meeting dated 10th June, the Council discussed the incident wherein a Jaipur based lawyer, namely Advocate Shri Ram Sharma and his wife were attacked physically, causing them several injuries.

In view of this, Other recent similar incidents were also discussed by the Council including the attack on Telangana based lawyer and his wife.

Stating that such incidents are examples of severe threat and attack on the independence of the Bar, the minutes of the meeting reads thus:

"It was discussed and deliberated with anguish that it is extremely distressing to see that while it is the Advocates fraternity which provides justice to the citizens of the country; and for this reason they have to file and argue cases most of the time against the dreaded anti social elements and criminals, but the Advocates are themselves left without even bare minimum adequate protection against such elements. As a result of such cases, Advocates are often at the receiving end/target of such criminal and anti social elements."

The Council also noted that it is the high time when the Centre and State Government should take-up the issue with all sincerity "failing which the Advocates of the country would have to take recourse of a countrywide agitation."

According to the Council, the Advocates Protection Act will ensure adequate protection to members of the legal fraternity so that they can carry on their duties as officers of the court, fearlessly without having to worry about their and their family's safety.

"It is imperative that such Act be passed by the Parliament at the earliest as 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 and privileges, but, 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." The minutes read further.





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