Court stresses the need for a dedicated law to protect advocates amidst rising violence and harassment; interim guidelines set until legislation is enacted.
In a significant move aimed at bolstering the safety and security of advocates, the Bombay High Court has issued a set of guidelines to protect legal practitioners from violence, harassment, and intimidation. This decision comes amidst growing concerns over the increasing assaults on advocates, as highlighted in a Public Interest Litigation (PIL) filed by the Kolhapur District Bar Association.
The PIL, heard by a division bench comprising Justices Madhav J. Jamdar and Pravin S. Patil at the Circuit Bench in Kolhapur, underscored the pressing need for legislative measures to safeguard advocates. The court noted that the current legal framework under the Indian Penal Code, 1860, and the Bharatiya Nyaya Sanhita, 2023, is inadequate to address the challenges faced by advocates.
The court-appointed senior advocates Rajiv Chavan and Satyavrat Joshi as amici curiae, who stressed the urgency for a law akin to the Telangana Protection of Advocates Act, 2026. They argued that advocates, as officers of the court, play a crucial role in the administration of justice, and any assault on them threatens the justice delivery system.
In response, the court laid down a comprehensive set of guidelines to be binding until appropriate legislation is enacted. These include the duty of the state to protect advocates, protection against coercive actions, establishment of grievance redressal mechanisms, and provision for police protection in cases of credible threats.
The guidelines also emphasize the need for a special Advocate Protection Committee at the district level, chaired by the District Collector, to address complaints of threats or assaults swiftly. Furthermore, the court recommended sensitizing police and court staff about the role of advocates and ensuring confidentiality in advocate-client communications.
The bench acknowledged the security measures being implemented at the Kolhapur District Court complex, including the proposal for a new Police Chowki by the Public Works Department. However, the court deferred further hearings on the PIL regarding advocate protection to June 18, 2026, to allow for a comprehensive discussion.
The judgment has been welcomed by the Bar Council of Maharashtra and Goa and the Bar Council of India, which have pledged their support for the guidelines. Meanwhile, the Union of India has informed that a related bill is under review by the Law Commission, suggesting that legislative action may be forthcoming.
As the legal community anticipates legislative reforms, the interim guidelines from the Bombay High Court serve as a critical step in ensuring the safety and dignity of advocates in Maharashtra.
Bottom line:-
Advocate protection and security measures in court premises - Court highlighted the need for legislative safeguards for advocates and issued suggestive guidelines until appropriate legislation is enacted.
Statutory provision(s): Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Telangana Protection of Advocates Act, 2026
