In a significant development concerning the safety of legal professionals, the Delhi High Court has instructed the Government of National Capital Territory of Delhi (GNCTD) to take speedy steps toward the enactment of the Advocates Protection Bill, 2024. The Court also ordered that the draft bill be shared with the Coordination Committee of All District Courts Bar Associations of Delhi.
The directive was issued by Justice Sachin Datta on April 21, 2025, during the hearing of a plea filed by lawyers Deepa Joseph and Alpha Phiris Dayal. The plea highlighted a concerning surge in violent incidents within court premises, including the killing of advocate Virender Kumar in April 2023 and several other shooting incidents.
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"Let the GNCTD take further expeditious steps, as may be deemed expedient, for enacting the bill." — Delhi High Court
The Coordination Committee had submitted an application requesting access to the draft of the Advocates Protection Bill. According to the status report filed by the Law Department of GNCTD on September 20, 2024, a final draft of the Bill has already been prepared after reviewing an earlier draft submitted by the Committee.
“The 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,” — Status Report by GNCTD Law Department
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However, the Committee informed the Court that it had not received a copy of the final draft. They argued that the draft should be shared so they can provide feedback and suggestions on the proposed provisions.
Taking note of the Committee’s concern, the High Court allowed the application and directed GNCTD to share the draft of the Advocates Protection Bill, 2024 with the Coordination Committee. The Court also instructed GNCTD to file a fresh status report within four weeks.
“The Petitioners firmly feel that it is high time now that a decision is taken for enactment of the Advocates Protection Act in Delhi…” — Petition Filed by Deepa Joseph & Alpha Phiris Dayal
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The petition pointed out that the absence of a protection law has created fear among lawyers, particularly young and first-generation practitioners. It further cited the passing of a similar Act in Rajasthan as a precedent.
The plea emphasized that the recent violent incidents not only pose a direct threat to advocates' lives but also violate their fundamental rights under Article 19(1)(g) (right to practice any profession) and Article 21 (right to life) of the Indian Constitution.
The matter will be heard next on May 28, 2025, when GNCTD is expected to submit an updated status report on the progress of the Bill.
Title: DEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR