PREVILGES AND IMUNITIES TO LAWYERS
Arvind Singh Chauhan
(Querist) 24 December 2009
This query is : Resolved
Sir Whether there are any immunities or privileges provided to Advocates in any Indian law or by apex court, keeping their status in society. If there is please refer.
I have heard during my studies that SC held, an Advocate should not be handcuffed by police if he is arrested on any complaint?
Guest
(Expert) 25 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING HANDCUFFING KINDLY NOTE THAT
1.AS PER LATEST SC.JUDGEMENT NOWADAYS POLICE ARE DIRECTED NOT TO USE HANDCUFFS TO THE ACCUSED PRODUCED IN COURTS.
2.IT HAS CAUSED SOME GOOD RESULTS ON HUMAN RIGHTS FRONT BUT IT HAS SOME ADVERSE RESULTS ALSO THERE IS RISK OF ACCUSED RUNNING AWAY FROM THE CUSTODY OF POLICE.
3.ABOUT IMMUNITIES AND PRIVILEGES OF ADVOCATES YOU MAY REFER BAR COUNCIL.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
prakash vathore
(Expert) 25 December 2009
i agree with mr.nandkumar sawant.
Guest
(Expert) 25 December 2009
It is most unfortunate that no privilege is given to advocates, eventhough they fight very important civil and criminal cases where the opposite party / accused belong to very highly influential and connected with anti-social elements. In criminal cases, while appearing for accused, they have to face the wrath of police officials, if some of the police officials are personally interested in the subject matter. Similarly, in criminal cases, when they appear for victims, they have to face the wrath of accused and their henchmen. Even then, the advocates, without having any protection and by accepting a small fee as token, do yeoman service for the society facing the risk to his life and limb.
On the other hands, the judges have got all the immunity. Without the Supreme Court's permission, no fir can be filed against any high court judge and similarly immunity is given to the lower judiciary also. While we support the protection given to the judges for the purpose of upholding the independence of judiciary, we seek some protection and privilege to the advocates also, as they have also face similar risks just like judges.
PJANARDHANA REDDY
(Expert) 25 December 2009
NO SUCH IMMUNITY IS GRANTED TO ADVOCATES, ADVOCATES ARE AS GOOD AS CITIZEN OF INDIA ONLY, IF ANY IMMUNITY FOR IGNORANCE OF LAW TO ORDINARY COMMON MAN IS AVAILABLE, BUT NOT FOR ADVOCATES.
