Advocates' Protection Act- Strengthening Legal Profession & Powering Advocates adversely

The day India witnesses any horrific incident against a Lawyer or an Advocate, the voice of the individuals associated with the NOBLEST OF ALL PROFESSIONS echoes in one voice, chanting ‘WE WANT JUSTICE! WE WANT PROTECTION FOR ADVOCATES and WE WANT AN ACT FOR IT’.

Recently, when the 1st Woman President Darvesh Yadav of U.P. Bar Council was shot dead by her own colleague just after 2 days from her election result and when the Gwalior High Court Bar Association members were brutally beaten-up & robbed in 2018, rose an instinct & gave the author reason to highlight the need, significance & basic provisions which should be included in the Act and the same should be enforced with full force in the entire nation.

The aforementioned incidents only relate to the state of Madhya Pradesh and the increase in such type of mishappenings urged the Madhya Pradesh Government to become the country’s first state to initiate efforts in bringing the Advocates Protection Act for the welfare of the Advocates in the state, which has now become the need for the entire country.

Moreover, the ordinance in this respect has been laid down before the Hon’ble President of India for his assent, as per the press release dated 17-06-2019 from the M.P. Government (on behalf of the Law Minister Shri P.C. Sharma).

BUT………… witnessing the Advocates demonstrating for this Act & leaving their own work (which ultimately affects the whole society) and hampering the Justice Delivery System, as well as demolishing the concept of Speedy Trial, makes the prudent citizen much worrisome on the basic premise that ‘Whether the same Act will not be used as the tool for gaining personal benefit by the Advocates & thereby diminishing the NOBLE STATUS of the PROFESSION.” The response to which will be answered in the times to come.

This contention is quoted hereby on the tenet of the following research:

“According to sources in the High Court registrar’s office in Jabalpur, 960 hours of judicial work at the Court and 40,000 hours in the lower courts were lost due to the advocates’ strike.

Earlier, lawyers had struck work in December last year and staged demonstrations to press the demand for the act. In fact, lawyers have resorted to agitation so frequently that then Madhya Pradesh High Court Chief Justice Rajendra Menon had to take suo motu cognisance in November 2015. A bench headed by him had asked the state government about the fate of the chief minister’s August 2012 announcement about the act. Justice Menon expressed concern over the loss of time in court proceedings due to advocates’ strikes in support of the demand. The bench further advised the Madhya Pradesh High Court Bar Association and the Bar Council of Madhya Pradesh to coordinate with the state government on framing a draft proposal for the proposed act. However, the government chose to sit on the demand.”[ii]

Therefore, bringing provisions for the Advocates’ protection is of utmost importance, but to have a check & rider to the enforcement as well as usage/misuse of the same should be the topmost priority while enacting & special focus should be made by regulating the strikes & demonstrations by the Advocates, making them accountable not only to their clients but also to the entire society, for whose benefit they render their invaluable services.

The Advocates Protection Act- The Need of the Hour

The following might be the provisions which could be included in the Advocates’ Protection Act as sought from the research from various sources:[iii]

1. The appointment of a judicial committee to look into cases of assault on advocates while stressing the need for a law to protect them and their dignity.
2. To keep a check on the frivolous petition against the advocates by rivals of their clients seeking to exert pressure on them.
3. The Act should also provide for the provision which can safeguard the interests of the Advocates acting in good faith during Judicial or Quasi-judicial proceedings. Moreover, no court shall take cognisance of an offence alleged to have been committed by any advocate while acting or purporting to act in the discharge of his duty as prescribed by any statute, without the previous sanction of the State Bar Council defined under Section 2(1)(K) of the Advocates Act, 1961.
4. There shall be no use of derogatory language in relation to an Advocate during any Judicial or Quasi-judicial, and if made so, it shall be a cognisable & non-bailable offence.[iv]
5. An independent body be established which shall include designated Senior Advocate, Advocate as chosen by the Bar & a person not below the rank of High Court judge to prescribe the speedy procedure for the disposal of the cases under the Act and also to make enquiry & decide into the matters of Professional Misconduct by the Advocate, because the provision of Advocates Act (regarding Disciplinary Committee, is not at par to regulate the professional misconduct, as every day the Code of Conduct is breached, but no action is being taken by the fellow advocates against their own advocate friends) has failed to uphold the professional conduct within the Legal Profession and daily instances are real example of the same AND also for the cases of assault against the advocates or any matter arising out from the Advocates’ Protection Act.
6. A person who will be accused of exerting undue pressure on a lawyer or obstructing their work would attract 7 years of jail with fine up to ₹ 10,000.[v]
7. A support fund for any ailment, death, new junior advocates and for any other exigency faced by the Advocate should be established.[vi]
8. Construction of Adequate Chambers for Advocate in the Court premises at affordable rates & regulating the sale, transfer and disposal of the same as per the procedure to be established by law, etc.

Still the fantasies are going on when this Act will actually take the shape of an enforceable enactment, because after the Government is changed in the State of Madhya Pradesh, this subject & agenda is far from being brought into reality, as legal fraternity is giving its full efforts to bring it, but there is no stance posed by the New Government (as the earlier government promised to bring this Act) in the direction of even drafting & presenting the same before the State Legislature.

At this stature, I would like to make a suggestion that- not only the State of M.P. should make efforts towards bringing this Act, but the Union should propose the bill for the same in the Parliament, because the Legal Profession is Unified & Uniform throughout the whole nation, so does the Protection, Privileges and Responsibilities be same across the entire Nation.

Furthermore, to conclude Advocates serves the society to its fullest and as privileges are to judges, protection should be for the Advocates.

[i] Rakesh Dixit, Advocates Protection Bill: A Sense of Security, INDIA LEGAL (June 17, 2019, 03:55 PM), http://www.indialegallive.com/did-you-know-facts-about-news/perspective-news/advocate-protection-bill-a-sense-of-securi

[ii] Ibid.

[iii] Rakesh Dixit, supra i.

[iv] Lalita Kumar Kosta, Threatening Advocates will bring you behind bars (Hindi News Article), PATRIKA (June, 18, 2019, 04:57 PM), https://www.patrika.com/jabalpur-news/advocate-protection-act-implemented-in-mp-state-3010649/.

[v] Latest News, The State Government has approved the Act which provides jail term of 7 years for threatening an Advocate, LATEST LAWS (June 18, 2019, 04:49), https://www.latestlaws.com/latest-news/this-state-govt-has-approved-the-act-which-provides-jail-term-of-7-years-for-threatening-an-advocate/.

[vi] TNN, Advocate Protection Act to be implemented in the State: Chief Minister Shivraj Singh Chouhan, THE TIMES OF INDIA (June 18, 2019, 05:02 PM), https://timesofindia.indiatimes.com/city/bhopal/advocate-protection-act-to-be-implemented-in-state-chief-minister-shivraj-singh-chouhan/articleshow/64153630.cms.