Calcutta HC disposes of petition seeking Advocates’ Protection Act [Read Order]

Kolkatta: The Calcutta High Court has disposed of a public interest writ petition seeking the implementation of an Advocates’ Protection Act in West Bengal, while directing the state government to consider appropriate legislation on the matter.

A Division Bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya heard the petition filed by the Jatiyatabadi Ayinjibi Council and another petitioner, who sought various measures for the protection of advocates.
The court noted that it cannot legislate but can only interpret existing laws. Chief Justice Sivagnanam observed, “If the petitioner seeks the implementation of any law, it must be done in the manner provided under the said statute. In the pleadings, the petitioner indirectly seeks a direction to frame certain guidelines; this court cannot legislate, it can only interpret the law.”

The bench pointed out that it is for the State of West Bengal to introduce legislation or adopt central legislation, as done by other states like Rajasthan, which has enacted the Rajasthan Advocates’ Protection Act, 2023.

While declining to grant the specific reliefs sought, the court granted liberty to the petitioners to pursue their representation before the state government. It directed that, if representations are submitted to the relevant state authorities, they shall be considered according to the law.

Additionally, the court directed the Bar Council of West Bengal to submit its views to the state government regarding appropriate legislation for the protection of advocates.
In conclusion, the High Court disposed of the petition with these directions, effectively leaving it to the state government to consider enacting an Advocates’ Protection Act or similar legislation for West Bengal.

 [Read Order]