Central University of South Bihar, Gaya
“A fearless and strong bar is the bedrock of the administration of justice.”
Advocates play a quintessential role in pursuit of justice. But, the fact that they face number of difficulties cannot be denied. To bring difficulties to an end the draft of Advocates Protection Bill, 2021 was issued by Bar Council of India. The Bill aligns with the resolution of United Nations Congress on the Prevention of Crime and Treatment of Offenders, which took place in Havana, Cuba.
The Constitution of India under Article 19 guarantees the freedom to every individual
irrespective of their role and position in society. In the case of O.N.Mohindroo v. The Bar
Council of Delhi and others (1968), the Apex Court clearly stated that Advocates Act is an
essential part of legislation. In the case of Hari Shankar Rastogi v. Giridhar Sharma, (1978) the court stated that advocate is considered as the master of an expert and the discharge of justice depends on advice of legal professionals. In the other case of Ramon Services Pvt. Ltd. v. Subhash Kapoor (2001), the Apex Court stated legal profession as social elite. In the recent case of Secretary v. Ishwar Shandilya and others (2020), the Apex Court stated that advocates are the essential part of justice system and they are the officers of the court.
Why there's need for the Advocates Protection Act?
When the security of attorneys is jeopardized, it's the duty of government to provide sufficient protection. The brutal murder of Advocate Gattu Vamana Rao and his wife PV Nagamani was a great shock for the law community and as a result, the Telangana Bar Council urged the Central Government to make laws for the protection of advocates. Recent police assault on an advocate in Etah of Uttar Pradesh and Rohini Court incident put the lives of advocates in danger. The reasons and objects of Advocates Protection Act are as following:-
1. The Advocates Protection Act would address the issues and concerns of Advocates. It
will provide them with effective measures to render justice.
2. Legal professionals act as a connecting bridge between advocates and client. In case
where the advocate represents the detainees or the accused person their worth is often
questioned and hence requires the immediate attention of legislator to safeguard the
interest of advocates.
3. The Protection Act would act as a shield against the threats faced by the advocates from
the rival parties during administration of justice.
4. The rise in fraud, assault, killing threat and fear act as an obstacle for advocates while
honest discharge of their duties. The Act would prevent such obstacles and will upheld
the efficient delivery of justice.
5. The factors like criminal force, assault have led apprehension in the mind of advocates
and this result in delay of justice. Lord Atkin on this point has stated that "Justice delayed
is justice denied".
6. The Act would provide security and necessary requirement to an advocate to deliver
The Advocates Protection Act would ensure safety and security to the law officers. Once the legal fraternity is protected justice will be delivered without unreasonable delay. The removal of hurdles and provide of assistance and facilities for the smooth execution of responsibilities by every advocate is much needed for the country. The primary objective of the must be to protect advocates because we have witnessed that protection has been provided to judges and public servant under Section 197 of Code of Criminal Procedure, 1973 and not to the advocates.
Advocates play vital role in bringing justice and their protection is need of the hour.