Lawyers Protection Bill useful only to put Pani Puri unless enacted into law: Karnataka High Court

An attack on a young lawyer in Chikmagalur by certain police officers prompted the Karnataka High Court today to question the State government on whether it was serious about enacting legislation to protect advocates from violence. .Advocate General Shashi Kiran Shetty assured the Court that the State was deliberating on the issue and that a lawyers' protection bill was pending before the Legislative Assembly. .The bench of Chief Justice PB Varale and Justice Krishna Dixit agreed that it was up to the State government to enact the law. However, the Court also flagged concern that a pending bill would remain as just a "printed piece of paper" if it is not enacted and made a law. "Don't make us to legislate. Tomorrow, you will say, the judiciary started legislating. If you legislate, where is the need for us to legislate? You do it. What is the point in having a bill? It will be used only for pani puri. Unless you put it in a certain place and it is passed. What is that bill (but) a printed piece of paper? How many years you needed? In 1963-64 you had assured that we are passing that bill in Karnataka," Justice Dixit orally observed. .The Court was dealing with a suo motu case initiated following a representation by the Advocate Association of Bengaluru raising concern over an incident where a lawyer was beaten up by the police for not wearing a helmet when he drove a two-wheeler. The incident took place late last night which triggered several lawyers to come out to protest outside the police station where the attack occurred. .During the course of the hearing today, a lawyer urged the Court to issue directions so that the police are required to inform a lawyers' association whenever an advocate is arrested in the course of his duties. This way, inquiries can be made over why the lawyer is arrested, it was submitted. The Court declined to issue any such direction considering that the lawyers' protection bill is still pending before the Karnataka Legislative Assembly.However, the bench urged the lawyers to send a representation on this aspect to the appropriate forum so that it could be incorporated into the law. .The Court today also expressed strong anguish over the attack on the lawyer and assured the lawyers present that it would continue monitoring case. "This is not a happy thing. Bar is part of the Court institution. If there is attack on a lawyer, it does not send good signals. This is not a happy thing to happen, to say the least. Object of wearing helmet is (so that) nothing happens to head. If police are doing this (attacking the head), then where is the requirement of wearing a helmet? If this is happening to lawyers, what about common man? This is a threat to the rule of law," Justice Dixit commented."And he (lawyer) was ready to pay the fine! In such a situation, there was no need for such a physical act," Chief Justice Varale added. .The Court proceeded to inform that it will be asking the State authorities to submit action-taken reports. The investigation has been entrusted to a senior police officer, the Court added while declining a request for a Special Investigation Team (SIT) probe. The Court was also told that the six errant police officials have been suspended. Meanwhile, the Court urged the lawyers present not to boycott court work, even though their emotions may be running high due to the attack of their colleague. "The lawyers' place is not on the streets. The lawyers' place is always in the courts. Please request your colleagues. We quite understand there will be some rising of the emotions ... We understand, this will be natural reaction of any colleague. Please at the same time, don't stand on streets. Don't abstain, go to the court, perform your job, perform your duties in the court. Hopefully, you will be assured that whatever steps we are taking is also in the interest of the institution," Chief Justice Varale urged. .The matter will be heard next on December 5..[Read live-coverage of the hearing]