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Madhya Pradesh High Court Seeks Details On Intention Of State To Promulgate Advocates Protection Act

Sparsh Upadhyay
17 Dec 2021 4:06 PM GMT
Madhya Pradesh High Court Seeks Details On Intention Of State To Promulgate Advocates Protection Act
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The Madhya Pradesh High Court has sought details about the present situation and the intention of the State with regard to promulgating the Advocates Protection Act.The Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav was hearing a plea filed by a practicing lawyer, Chandra Kumar Valeja seeking direction to expedite the work on the bill and execute and enforce...

The Madhya Pradesh High Court has sought details about the present situation and the intention of the State with regard to promulgating the Advocates Protection Act.

The Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav was hearing a plea filed by a practicing lawyer, Chandra Kumar Valeja seeking direction to expedite the work on the bill and execute and enforce the promise/declaration made by the Chief Minister of Madhya Pradesh High Court with regard to implementation of Advocates Protection Act.

It was the contention of counsel for the petitioner is that a Bill by name of 'Advocate's Protection Bill 2021' was drafted by the Bar Council of India and was circulated by the State Bar Council, High Court Bar Association, and Supreme Court Bar Association, and also other Bar associations of the country to invite objections.

It may be noted that the Bar Council of India in July 2021, called for suggestions on the draft 'Advocates Protection Bill' from the stakeholders including Bar Councils, High Court Bar Associations, and Supreme Court Bar Association on or before July 9.

The decision by the BCI had come in pursuant to a report submitted by the 7 member committee for framing the draft "Advocates Protection Act" to ensure protection and safety to Lawyers in carrying out their duties, taking note of the recent attacks on lawyers and their family members.

In the meeting dated 10th June, the Council had discussed the incident wherein a Jaipur-based lawyer, namely Advocate Shri Ram Sharma and his wife were attacked physically, causing them several injuries.

In view of this, other recent similar incidents were also discussed by the Council including the attack on a Telangana-based lawyer and his wife.

According to the Council, the Advocates Protection Act will ensure adequate protection to members of the legal fraternity so that they can carry on their duties as officers of the court, fearlessly without having to worry about their and their family's safety.

Read more about the BCI Press Release in detail here: Advocates Protection Bill : BCI Calls For Suggestions From Bar Councils, HC Bar Association

Against this backdrop, the grievance of the petitioner in the instant plea before the MP High Court was that no further steps have been taken to present the said bill in the parliament and to formulate a law to govern the field in question.

Taking into account the plea filed by the practicing advocate, the Court, at the outset noted that the court has its own limitations and stressed that no mandamus can be issued for promulgating a particular law by the legislature.

However, the State counsel was directed to seek instructions and apprise this Court about the present situation and the intention of the State with regard to promulgating law. The matter has now been listed for further hearing in the 2nd week of January 2022

Case title - CHANDRA KUMAR VALEJA Vs UNION OF INDIA AND OTHERS

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