The Delhi High Court in the case Deepa Joseph And Anr v Union Of India observed wherein seeking direction for the Delhi Government and Union Of India for considering to enact the Advocates Protection Act in the national capital.
In the present case, the plea was moved by lawyers Deepa Joseph and Alpha Phiris Dayal wherein alleging that there is an alarming rise in incidents of violence inside the court premises for different district courts in Delhi.
However, the said plea was filed in wake of the killing of an advocate, Virender Kumar. Thus, the other incidents which includes of shooting inside the premises of the court have also been referred to in the plea filed. The court also mentioned in the plea about a suo motu case that has been initiated by the high court in the year 2021 for ensuring safety and security of the trial courts.
The petitioner in the plea filed stated that the petitioner firmly feels that it is high time now that the court needs to take a decision to enact the Advocates Protection Act in Delhi, particularly when the State of Rajasthan recently has also passed such an Act and it being only the Act which guaranties the protection to the fraternity of lawyers who are practising in Delhi, thus the Act will help remove the sense of fear that has embedded in the minds, which being particularly in the mind of young first-generation lawyers like the Petitioners and due to the repeated acts of firing made inside the court premises and for the altercations to state the least.
Further, the court observed that the recent incident of killing of the lawyer has created an atmosphere of fear among the young generation lawyers and that the same infringes the right to practise any profession or in order to carry any occupation, trade or business under Articles 19(1)(g) and Article 21 of the Constitution of India.
