The Rajasthan High Court in the case Prahlad Sharma v. The Union of India & Ors observed and has seek response from Union of India, the Rajasthan government, Bar Council of India and Bar Council Of Rajasthan on issuance of guidelines issued by the court for the protection of advocates till the appropriate legislation is being framed in this regard. The division bench comprising of Acting Chief Justice Manindra Mohan Shrivastava and Justice Anil Kumar Upman in the case observed and has took notice of a recent incident of murder of a lawyer in the state which the court has led for a wide spread agitation. In the present case, the bench was hearing a PIL which is being filed in the year 2020 on the issue of framing of appropriate legislation for protection of advocates.
The bench observed and has raised an issue in the PIL which is pending since 2020.
It has been noted by the court that after filing of the PIL, the State has drafted a Bill “Draft bill of The Rajasthan Advocate (the Prevention of Offences and Damage of Loss to Property) Bill, 2021. Therefore, it has been submitted by the Additional Advocate General for the State, Major R.P. Singh that the issue being raised by the PIL is going to be considered at the top Executive level within a very short period.
The court in the case observed that it has also been submitted by the Bar Council of India to draft a bill “Advocates (Protection) Bill, 2021” to the Ministry of Law and Justice wherein while considering the harassment, violence or threat against the advocates.
Adding to it, it has also been noted by the court that though the grievance of the Members of the Bar has been taken up for consideration at different level, but no legislation has come till date no registration.
The counsel, Dr. Abhinav Sharma appearing for the petitioner submitted before the court that the court may consider issuance of guidelines till appropriate legislation is framed by the legislature on which the court seek response from the Union of India, the State Government and Bar Council of Rajasthan. Further, the court has also impleaded Bar Council of India as a respondent in the PIL and issued notice.
Accordingly, the court listed the matter to be listed again on March 20.