The Delhi High Court in the case Deepa Joseph And Anr v. Unio Of India in the case observed and has asked the Delhi Government in order to hold stakeholder consultation on the draft Delhi Advocates (Protection) Bill, 2023 wherein seeking to provide safety and security to lawyers from incidents of assaults, killings, intimidation and threats.
The counsel, Advocate KC Mittal appearing for the Bar Council of Delhi in the case informed Justice Prathiba M Singh in that case submitted that the the first draft of the bill has been prepared and sent to law minister and Chief Minister of the Delhi Government for consideration.
The court stated while observing the that a copy of the draft bill be placed on record along with index. The bench headed by Justice Singh stated that let the steps be taken for examination of the drafts bill and let stakeholder consultation be held by the GNCTD and after the consultation of the stakeholder on examination of the drafts bill, let the action taken report be filed.
In the present case, the court was hearing the plea moved by lawyers Deepa Joseph and Alpha Phiris Dayal wherein it is stated that there is an alarming rise in the incidents of violence inside the court premises of different district courts in Delhi. Thus, the present petition was filed wake of the killing of an advocate, Virender Kumar in the month of April. Therefore, the other incidents of shooting inside the court premises have also been referred to in the petition.
The petitioner in the plea stated also mentions about a suo motu case that was initiated by the high court in 2021 for ensuring safety and security of the trial courts.
The petitioner in the plea stated that the petitioner firmly feel that it is high time now that a decision is taken for enactment of the Advocates Protection Act in Delhi, particularly when recently the State of Rajasthan has also recently passed such an Act. Therefore, there being only the Act that guarantees protection to the fraternity of lawyers who are practising in Delhi will help remove the sense of fear that has embed in the minds, wherein who are particularly among young first-generation lawyers like the Petitioners herein due to the repeated acts of firing inside court premises and altercations to state the least.
Further, it has also been submitted before the court that the recent incident of killing of the lawyer has created an atmosphere of fear among the lawyers and that the same infringes the right to practise any profession or to carry on any occupation, trade or business under Articles 19(1)(g) of the Constitution of India and the right to life as stated under Article 21 of the Constitution of India.
