Monthly Archives: November 2015

Advocate protection ordinance: A proposed statute

The Apex Court had observed that the Advocates are Court Officers, but there is no statute has been passed for the safeguard of the Advocates appearing before the Courts, Tribunals and Quasi Judicial Authorities.In Madhya Pradesh, the Hon’ble Chief Minister, while addressing the Advocate Panchayat on 12 August 2012, had announced that the Advocate Protection Act shall be introduced in the State. Unfortunately, Till today, no Act or Ordinance has been promulgated in the State of Madhya Pradesh.

In the wake of criminal attacks on Advocates and malicious prosecutions against Advocates, it’s necessary to pass an ordinance under Article 213 of the Constitution of India regarding to provide statutory protection to the Advocates from such unlawful activities. some of important provisions must incorporated in this Ordinance:

  • There is should be specific bar from Civil, Criminal and other proceedings against Advocates for the acts done in good faith during the course of Judicial and Quasi Judicial proceedings.
  • There should be specific provision that no court shall take cognizance of any offence alleged to have committed by any Advocate while acting or purporting to act in the discharge of his duty as prescribed by any Statute, without the previous sanction of State Bar Council defined under Section 2(1)(K) of the Advocate Act,1961.
  • It is common experience that Litigants in the Judicial Proceedings use absurd language and imposes allegations without sufficient reasons against the Advocate. To avoid this situations it is necessary to make such provision that use of derogatory language in the Judicial and Quasi Judicial Proceeding against the Advocates appearing on behalf of the either party shall be cognizable, Non-bailable offence.

Unauthorized detention of trains and it’s remedies

rails-train-path-straightUnauthorized detention of trains in the contravention of Railway Act, 1989 is not only offence under the aforesaid statute but it is the gross violation of Fundamental Rights of the people of India. It also amounts the infringement of Human Rights of the persons. Certainly, the Railway is a service provider in terms of Consumer Protection Act, 1986. If train is detained by some protesters and root is diverted due to that reason, railway administration may be held responsible for deficiency of service but State Government and Central Government are also responsible for smooth running of trains. Because the Governments are responsible for maintenance of Law and Orders. Such function of the States comes under Sovereign Powers of the State. The Authority under the Consumer Protection Act can not take cognizance in such cases. The High courts under Article 226 and Supreme Court under Article 32 of the constitution of India may issue Writs against the State and other Instrumentality of the State.