The Kerala High Court in the case Adv. Vishnu Sunil Panthalam v State of Kerala observed wherein the plea has been moved by a lawyer seeking protective legislation for ensuring the safety of members of the law community.
The bench headed by Justice Devan Ramachandran in the case observed and has remarked that the legal profession is a noble and dignified profession and enquired regarding the instance of attack against lawyers within court premises.
The court in the case observed and seek response from the Bar Council of Kerala.
It has also been averred in the plea moved that the lawyers perform different roles and important functions in the justice delivery system.
It has also been submitted before the court that the instances of assaults against lawyers are increasing and stated that lawyers are even attacked inside court premises by the public and he pointed out that the recent instance where a witness attacked a lawyer within the Nedumangad Court Complex in Trivandrum.
The petitioner in the plea submitted before the court that the lawyers require legislative protection through the enactment of a statute.
Adding to it, he stated that the persons from other professions are given statutory protection. Thus, he also submitted that the Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Ordinance will ensure protection for healthcare workers and doctors. He also referred to the Kerala Police Act 2011.
The petitioner in the plea stated that while the members of the similar profession has been extended protection by way of suitable legislative measures, the members of the lawyer community who risk their own life for upholding laws of this country has never been provided with statutory recognition or protection and that the provisions of the Healthcare Service Institutions Ordinance and Kerala Police Act shows how suitable legislative provisions can help in building the necessary recognition and protection to be extended to the members of such profession.
Further, the plea stated that he has submitted a representation before the state government detailing the issues faced by members of the law community.
Therefore, he also added that no action has been taken on the representation and seeks a direction from the Court for its consideration.
The plea moved also seeks the issuance of direction to the respondents to take immediate steps to ensure the protection of lawyers from any sort of attack by the public.
The counsel, Advocates Jomy K Jose and Jismin Jose appeared for the plaintiff.
