Advocates Protection Act – A Much Needed Safeguard To Protect The Beacon Of Rule Of Law

The recent case of brutal murder of an advocate Virendra Kumar in Delhi has once again ignited a question of security of advocates in India. Only an Act that guarantees protection to the fraternity of lawyers practicing in Delhi will help remove the sense of fear that has embedded in the minds, particularly among young first-generation lawyers like the Petitioners herein due to the repeated acts of firing inside court premises and altercations to state the least'' Similar plea was also filed in the Madhya Pradesh High Court by advocate Chandra Kumar Valeja seeking direction to expedite the work on the bill and execute and enforce the promise/declaration made by the Chief Minister of Madhya Pradesh High Court with regard to implementation of Advocates Protection Act but the High Court noted that the court has its own limitations and stressed that no mandamus can be issued for promulgating a particular law by the legislature. Recently, the National Assembly of Pakistan has also passed a law titled “the Lawyers Welfare and Protection Act, 2023” to ensure that the advocates can render professional services without fear or external influence for the ultimate cause of the administration of justice and the rule of law. Principle 7 of the ICJ Geneva Declaration on Upholding the Rule of Law and the Role of Judges and Lawyers in Times of Crisis, 2011 states, “All branches of government must take measures to protect lawyers from violence, threats, retaliation, de facto or de jure discrimination, pressure, and other arbitrary actions.” Principle 12 of UN principles and guidelines on access to legal aid in the criminal justice system published by the United Nations Office on Drugs and Crime also imposes obligations on the state for the Independence and protection of legal aid providers. The Chairman of Bar Council of India, Sr. Advocate Manan Kumar Mishra, in a press release on 2nd July 2021 stated that “lawyers act as the link between the Police and Judiciary, and while the police and the judiciary have access to protection, social security, and privileges, advocates who argue in a court of law still do not have the necessary safeguards.” Since then, the Bar Council of India has urged many states to enact a law concerning the protection of advocates but their request and the demands of thousands of advocates have gone unheeded.