According to police, 53-year-old Advocate Virender Kumar Narwal was fatally shot in his car by two assailants on a motorcycle in southwest Delhi’s Dwarka on Saturday evening around 4:30 pm. Narwal was a resident of Dwarka sector 12. The incident has led to the Delhi Lawyers deciding to “completely abstain” from work in all district courts on April 4, 2023.
The New Delhi Bar Association (NDBA), as stated in a letter to the coordination committee of all district bar associations in the national capital, has decided to abstain even from bail and stay hearings. The reason for the attack was apparently due to a 36-year-old dispute with Pradeep, whose uncle was killed by Narwal’s grandfather in 1987 is also a distant relative of Virender Kumar. Narwal also allegedly put legal obstacles in some land compensation that Pradeep was expecting, which caused him financial difficulty. The killing of Narwal has been condemned by advocates and lawyers who view it as an attack on the entire lawyer fraternity in Delhi. In recent years, there has been a significant increase in attacks on lawyers, with incidents of threats and violent acts against them on the rise.
The North Delhi Lawyers Association (NDLA) has been advocating for the Advocate Protection Act, citing that authorities are not providing them with adequate security, even when their families are in a vulnerable situation.
What is Advocate Protection Bill 2021?
The Advocate Protection Bill 2021 is being introduced due to the recent rise of assaults, threats, and fear towards advocates while discharging their professional duties. The Bill aims to provide social security to advocates and ensure they can perform their professional services without hindrance or intimidation, aligning with the United Nations Congress resolution on the role of lawyers. Advocates often face threats from rival parties while delivering justice, and privileged communication between advocates and clients must be safeguarded. The Bill aims to address these concerns and provide effective measures to achieve its objectives.
An unidentified group killed Jaiganesh, a 33-year-old lawyer who worked at Saidapet court, in Perungudi, Chennai on March 25. Following the incident, three suspects surrendered themselves to the Chief Judicial Magistrate Court in Villupuram on March 27. The incident highlights the need for the government to ensure the safety of lawyers.
However, some state governments in India have introduced bills aimed at protecting advocates and lawyers from violence and threats. In 2019, 2020, Tamil Nadu and Maharashtra government respectively proposed the Lawyers’ Protection Bill, which seeks to provide for the safety, security, and welfare of lawyers in the state. On Tuesday, the Rajasthan Assembly approved the Rajasthan Advocates Protection Bill of 2023, which is the first law of its kind in India.
Punishment for Assaulting an Advocate
The definition of “advocate” in the proposed bill is the same as defined in the Advocates Act of 1961. The term “acts of violence” is also defined under the same section, covering all acts that may bias or disrupt the process of fair litigation, including threats, coercion, assault, harm, and property damage. These acts will be considered cognizable and non-bailable offenses, with punishments ranging from six months to ten years, and penalties ranging from Rs. 50,000 to Rs. 10 lakhs for repeat offenses. Sections 3 and 4 discuss the punishment and restitution aspects of the bill.
