Take Expeditious Steps To Enact Advocates Protection Bill: High Court To Delhi Government

The Delhi High Court has recently directed the Delhi Government to take expeditious steps for enacting the Advocates Protection Bill, 2024.

Justice Sachin Datta directed the Delhi Government to file a fresh status report in a plea claiming that there was an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi.

Recently, an application was filed by the Coordination Committee of All District Courts Bar Associations of Delhi seeking that the draft of Advocates Protection Bill, 2024 be provided to it.

In its order passed on April 21, the Court noted that as per Delhi Government's status report, the final draft of the Advocates' Protection Bill, 2024 has been prepared by the government's Law Department.

“The said final draft bill is required to be considered by the Council of Ministers, as the need for and enactment of a new Legislation is a policy decision,” the response stated.

The Coordination Committee however said that the copy of the draft prepared by the Delhi Government's Law Department was not furnished to them.

It therefore sought that the draft be provided to the Committee, so that it fan get an opportunity to give any representation with regard to the provisions.

Allowing the plea, the Court directed the Delhi Government to provide a draft of the Advocate Protection Bill, 2024 to the Coordination Committee.

“Let the GNCTD take further expeditious steps, as may be deemed expedient, for enacting the bill,” the Court said.

The plea has been filed by lawyers Deepa Joseph and Alpha Phiris Dayal. It was filed in wake of the killing of an advocate, Virender Kumar in April 2023. Other incidents of shooting inside the court premises have also been referred to in the petition.

The plea 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.

“That the Petitioners 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. Only an Act that guarantees protection to the fraternity of lawyers practising in Delhi will help remove the sense of fear that has embedded in the minds, 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,” the plea states.

It has further been submitted 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) and right to life under Article 21 of the Constitution of India.

Title: DEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR

Citation: 2025 LiveLaw (Del) 509

Click here to read order