The legal profession is very noble and ancient one. The lawyers are considered
as the officers of the Court and they are part and parcel of justice delivery system.
There is only one profession which is mentioned in our Constitution and that is legal
profession.
The incidents of assault, criminal force, intimidation and threats caused to
advocates in discharge of their legal profession are increasing day by day. The
lawyers are attacking while executing commission orders under CPC, and serfasi
Act. There are many numbers of incidents that lawyers were attacked at their office
by his own clients or opposite clients or police. The 16th National Conference of
ABAP expressed its deep concern over the increasing attacks against the lawyers
while discharging their professional duties. The 16th National Conference of ABAP
held December 26 to 28 at Kurukshetra, Haryana, demands to the Central
Government to pass an Advocates Protection Act immediately to prevent such kind
of atrocities against the lawyers.
There are provisions in the Indian Penal Code to protect the Government
servants from attacks while they are discharging their official duty. 19 States have
already passed Medical Protection Act to protect doctors from attacks while
discharging their duty. It is the duty of the Government to create an atmosphere to
lawyers able them to perform their professional services and functions without
intimidation, hindrance or harassment. The Supreme Court of India in the case of
Hari Shankar Rastogi v/s. Giridhar Sharma, (1978) 2 SCC 165 has observed that
“Indeed, the Bar is an extension of the system of justice, an advocate is an Officer
of Court. He is master of an expertise, but more than that, accountable to the Court
and governed by a high professional ethics. The success of the judicial process often
depends on the services of the legal profession”. The 16th National Conference of
ABAP held at Kurukshetra is of the opinion that this is the right time to make an
enactment on Advocates Protection.
