Punjab & Haryana State Bar Council urges state governments to enact Advocates (Protection) Act

The Punjab and Haryana Bar Council has requested the two State governments to pass the Advocates (Protection) Act, 2023 at the earliest..In a press note released by the Bar Council on Tuesday, it was stated that attacks against advocates and cases of false implication against legal professionals have increased manifolds.Therefore, it was stated that a need was being felt for the implementation of the act in the states of Punjab and Haryana. “From broad daylight incidents of murder, violent attacks, grievous hurts, kidnapping, intimidation etc in different parts of the states of Punjab and Haryana as well as in the parking of Hon’ble High Court and false implication by disgruntled/opposite parties to the opprobrium of breach of the client-lawyer privilege, there have been many such incidents which have been reported to the State Bar Council by Bar Associations, individual lawyers or their families," the release reads. .It further highlighted that in the year 2023 alone, two broad-daylight murders of advocates because of their work were witnessed. That of Advocate Umesh Pal in Uttar Pradesh and more recently, Advocate Virender Narwal. Thus, there was a need for better legal protection to sustain the viability of justice delivery systems..The council requested the states to act on its demands in the coming days cautioning that if adequate steps were not taken, all advocates from Punjab, Haryana and Chandigarh would be compelled to gather in a mass congregation to initiate a peaceful protest without abstaining from judicial work. "It is the obligation of the state to respect, protect, fulfil and promote the independence and security of lawyers, as well as their ability to perform their professional duties free from intimidation, hindrance, harassment, improper interference or reprisals from state and anti-social actors, the Council has sent two draft bills to the government for their enactment.".In the draft bills prepared by the Bar Council, Section 3 provides for punishment in cases of committing or abetting the commission of an act of violence against an advocate. The punishment prescribed is a minimum 6 months imprisonment up to 5 years with a fine of up to ₹1 lakh.This offence is categorised as cognisable and non-bailable.Section 7 of the bills discusses provisions of police protection to an advocate under threat of being a victim of an act of violence..[Read Press Note]