Karnataka lawyers protest advocate killings; seek 10-year prison term for offences against lawyers

Advocates across Karnataka abstained from court proceedings on Tuesday to protest the alleged cold-blooded murders of advocates Manjunath in Whitefield and Sriram in Annapurneshwari Nagar, Bengaluru, as well as the alleged attempt to murder advocate Venkatramana Sannakki of Gouribidanur, Kolar.

The protest was organised to demand stronger legal protection for advocates and the effective implementation of the Prohibition of Violence Against Advocates Act, 2023.

Karnataka State Bar Council (KSBC) Chairman R Rajanna, Advocates' Association Bengaluru (AAB) President Vivek Subbareddy and other office-bearers met Home Minister Priyank Kharge and submitted a representation seeking stringent measures to ensure the safety of advocates.

In the morning, AAB office-bearers, along with groups of advocates, visited court halls and requested judges not to pass adverse orders in cases listed for the day. Advocates also gathered at the Golden Gate of the Karnataka High Court and staged a protest, expressing anguish over what they described as the failure to protect the legal fraternity.

Subbareddy said that the AAB had requested Justices DK Singh and H Shanti Bhushan to register a suo motu public interest litigation (PIL) to address the concerns of advocates.

"We have sought protection for advocates, a court-monitored investigation and an SOP to ensure that lawyers are treated with respect when they visit police stations. Police stations are acting like parallel civil courts and should stay away from such matters. Now, an inspector is becoming a Chief Justice and a judge. This should stop," he said.

Rajanna said that the Bar Council, being a statutory body, could not call for a bandh or ask advocates to boycott court proceedings. However, he said that stringent action was necessary against those who assaulted advocates in their individual capacity.

He also called for measures to ensure that accused persons were not granted bail until chargesheets were filed.

"Since the AAB has a good intention, we extend our support to the cause," he added.

Rajanna said that the KSBC was demanding amendments to the 2023 legislation to make offences against advocates non-bailable, introduce magistrate-level monitoring and ensure that the KSBC or advocates' associations were informed whenever an advocate was assaulted or harassed.

It also sought a punishment of seven years' imprisonment and the establishment of fast-track courts to deal with offences against advocates.

Bar Council of India (BCI) member Dhananjaya CM, however, said that the KSBC had not taken any decision to hold a protest and that advocates were participating in it in their individual capacity. He added that protests should be the last resort and that it was not appropriate to resort to them for every issue.

Instead of holding a protest, advocates could have worn black bands and contributed half of their one-day earnings to the family of the assaulted advocate, he suggested.

Dhananjaya said the demands for enhancing punishment under the law could be addressed through a representation to the government.

"The government is ours and the demand can be addressed immediately. We can also ensure that the accused are not granted bail until the charge sheet is filed. We will make efforts to implement these measures immediately," he said.

In its representation dated November 3, the AAB urged State Home Minister Priyank Kharge to immediately arrest those accused of murdering advocates Manjunath and Sriram, as well as the accused in the alleged attempt to murder advocate Sannakki. The Association stated that the recent incidents had created an atmosphere of fear and insecurity among the legal fraternity.

The Association also raised concerns over the alleged ill-treatment of advocates at police stations. It alleged that lawyers visiting police stations on behalf of clients were not being treated with due respect and were sometimes denied even basic seating facilities during discussions.

The AAB called upon the State Home Ministry to draft and implement a standard operating procedure (SOP) governing the treatment of advocates and citizens visiting police stations to lodge complaints or represent clients.

The Association pointed out that although the Commissioner of Police and the Director General of Police had drafted an SOP directing police personnel not to interfere in civil disputes, the instructions were allegedly being violated by inspectors, sub-inspectors and assistant commissioners of police.

The AAB demanded immediate action against officers involved in such practices and disciplinary proceedings against those who violated Supreme Court judgments and police guidelines.

The Association placed four major demands before the Home Minister:

• Immediate arrest of the accused in the murders of advocates and their prosecution to secure convictions.

• Strengthen the Advocates Protection Act by introducing stringent non-bailable provisions and making offences under the Act punishable with a minimum of 10 years' imprisonment.

• Draft and implement an SOP governing the treatment of advocates and citizens visiting police stations to lodge complaints or represent clients.

• Issue directions to all police stations and officers prohibiting police intervention in the settlement of civil disputes, with serious disciplinary action against those violating the directions.

It warned that failure to implement the demands immediately would compel the legal fraternity to launch a larger agitation and initiate public interest litigation proceedings.