Rajasthan HC Seeks Govt And BCI Responses On Safeguarding Lawyers Against Violence

The Rajasthan High Court seeks responses from the Union government, the State government, and the Bar Council of India (BCI) on decision for making guidelines to safeguard advocates against violence, harassment, and threats.

A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Anil Kumar Upman was hearing a plea filed by Prahlad Sharma in 2020, calling for the creation of adequate legislation to safeguard counsel.

Significantly, the bench took judicial notice of the recent assassination of a lawyer in the state, which sparked widespread outrage.

The bench noted that following the filing of the 2020 petition, the State produced a Law to address advocate protection.

The Additional Advocate General also informed the bench that, the matter would be reviewed at the highest executive level soon.

The Court was further informed that, after recognising the difficulties faced by advocates, including harassment, threat, or violence while carrying out their duty as officers of the Court, the BCI had taken the initiative and drafted a Bill. The bench noted that this Bill had been referred to the Union Law Ministry.

Unfortunately, neither Bill has been enacted as a law as of yet.

“We, thus, find that though the grievance of the Members of the Bar has been taken up for consideration at different level, but till date no legislation has come,” the bench stated.

As a result, the petitioner’s counsel sought the Court to establish guidelines until the legislature enacted proper laws.

The bench then sought comments on this matter from government officials at both the state and federal levels, as well as the BCI and Rajasthan Bar Council. To that purpose, the BCI was impleaded as an additional respondent in the case and served with a two-week notice.

“The Bar Council of India may also come out with appropriate suggestions in the matter towards framing of guidelines,” the Court added.

The matter is scheduled for further hearing on March 20,2023.