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  • Category: Miscellaneous

    Advocate protection bill

    Recently The Bar Council of India drafted its Advocate protection bill, stating the advocates and their families shall be given additional security , the Reason being extremely simple, the growing cases of kidnapping, death treats to the advocate and their families, increasing number of assaults on tese advocates preventing them to discharge their work and expertise. A committee of 7 members drafted this bill keeping in mind all the adversities that the advocates face daily.It further stated about the security that an advocate must receive for discharge of his duties. This bill clearly defined the defination of Advocate, Violent act. The bill proposed a fine of 50,000 which may extent o 1 lakh and a imprisonment of 6 months which may extent to 5 years. Also the bill stated the investigation to be done within 30 days of FIR and proper facility regarding the safety under police protection must be provided to the advocate during court hearings. Also constitution of a redressal committee consisting of 3 members will be provided for te grievances of these advocates and for fast and speedy decisions, this committee has been provided at each level of court, district, high as well as supreme court. Also the bill stated that no police officer shall arrest of investigate any advocate without the order of chief judicial magistrate.Also this provides a huge concept of providing social security to the advocates, every State and central government has to make provision for assistance to needy advocates in case of natural disaster. A sum of 15000 per month has to be deposited.

    Now my question here is, this is definitely a great move as far as security of advocates is concerned, but do you feel with so much social security, lawyers might get a upper hand of misusing the same, as no doubt lawyers and practicing advocates are extremely smarter and cunning when it comes to implementing ethically the loopholes of judiciary. Please comment down your thoughts.
  • #736308
    What wrong is if they want safety and security, however, I think all expenditure should be incurred by lawyer community. I watched a video of Supreme court lawyer in which he told that his office was raided by police and his staff was harassed and intimidated. Hard disks of his computers were taken away. If his allegations against police are correct then what this lawyer union can do in this regard may be a big question for them.
    Lawyers are smart guys. They have quality to drag their enemies to court easily. I don't know how many problems they are facing now that they require such proposal to be passed.

  • #736337
    If a lawyer is threatened how he can discharge his duties well. All lawyers not cunning. There are some sincere lawyers who will fight for justice for the poor and needy. They do it as a service to the needy. Such lawyers only will have some problems like this. They may go against the will of the influenced people and try to justice to the real victims. Such advocates may receive threatening calls. Really such advocates require special protection. Advocates who stand by the rich, politicians and other such people will never have the problem getting such calls or will never face any problem. They can create problems for others.
    always confident

  • #736426
    I do not think advocates are under threat as presumed by some and demanding security for the same. Normally advocates are well educated and know the cases in deep and thus try to defend their clients. When the clients are getting the problems addressed, what should be threat for them. But in some cases the lawyers are taking the cases without their knowledge about it and dragging the case for no fault of the cleint and thus the outrage is exepcted and that may escalate. Nevertheless if the author perception need to be agreed, then the government has to spend more to which no state would agree.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

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