EDITORIAL
Enact stronger legal safeguards to protect advocates and uphold the rule of law
The brutal assault on advocate Ankur Kumar and his 75-year-old client, Anil Prabhakar Naik, in Morjim on July 17 is disturbing. According to the complainant, the two were dragged from their car and beaten with bricks and iron rods by a mob of 10-12 people. Kumar was at the site to facilitate the implementation of demolition orders passed by the Bombay High Court and the Supreme Court against structures built in violation of CRZ rules.
Prima facie, this is not just a regular law-and-order issue. Ambushing a lawyer carrying out court orders shows complete disregard for the rule of law and the authority of the Supreme Court and the High Court.
There has been outrage in the state over the assault. Lawyers’ associations have said that an advocate is an officer of the court. Any attack on a lawyer while they are performing professional obligations is not merely an assault on an individual but a direct attack on the administration of justice and the rule of law. While condemning the attack on their fellow fraternity member, they said that such acts of violence seek to undermine the authority of the courts and intimidate legal professionals from fearlessly discharging their duties. They have urged the authorities to take proactive measures to ensure the safety of the legal fraternity, including enacting special legislation to protect advocates and the legal community. Lawyers discharging their professional and legal duties must be protected from physical violence and criminal intimidation by disgruntled litigants.
Taking cognisance of the violent attack on advocate Ankur Kumar during a demolition process in Morjim, the High Court of Bombay at Goa on Monday directed the Superintendent of Police, North Goa, to immediately transfer the investigation to an experienced officer from a different police station. The court also observed that there was a “serious lapse” in providing protection and “unexplained deficiencies” in the subsequent probe. Thanks to the High Court this has come to light. Many times in demolition matters, the authorities play hide-and-seek
To restore public faith in the justice system and ensure the safety of legal professionals, the government must ensure that all the accused are arrested and the demolition order is executed. This case must be fast-tracked.
In a case reported in the national capital earlier this month, Pankaj Sharma, a lawyer practising in the Supreme Court, was brutally attacked at his residence. The assailants threatened him to withdraw a complaint that he had filed against the politically influential accused. The Supreme Court strongly criticised the Delhi Police for initially downplaying the violence as a “simple assault” and failing to arrest the culprits or file attempt-to-murder charges.
In view of such cases, the legal fraternity at the national level has been demanding the enactment of an Advocates Protection Act. Bar associations across the country argue that a specialised law is necessary to make such acts non-bailable and heavily punishable offences. They also want the law to ensure that the execution of court orders, such as demolitions or property seizures, is accompanied by mandatory, heavily armed police escorts.
The attacks underscore the severe risks faced by lawyers and whistle-blowers fighting against powerful lobbies. Ultimately, if lawyers are terrorised into dropping cases or avoiding the execution of court orders, the entire judicial system will become paralysed. As a lawyer is an officer of the court, such incidents are a direct attack on the administration of justice and the rule of law. Lawyers must be protected while on official duty.
