Breaking: Delhi High Court Mandates Transparency in Drafting of Advocates’ Protection Bill

In a significant move toward ensuring consultative legislative processes, the High Court of Delhi has directed the Government of the National Capital Territory of Delhi (GNCTD) to furnish the draft of the proposed "Advocates' Protection Bill, 2024" to the Coordination Committee of All District Courts Bar Associations of Delhi.

The order, passed by Justice Sachin Datta, comes as a victory for legal practitioners seeking a proactive role in the shaping of legislation designed specifically for their professional safety and security.

The Backdrop: A Call for Legislative Inclusion

The ongoing litigation, Deepa Joseph & Anr. versus Union of India & Ors. , reached a turning point when the Coordination Committee filed an application seeking disclosure of the latest draft of the Advocates' Protection Bill.

The GNCTD, in a status report filed on September 20, 2024, had previously acknowledged that the Law Department had indeed prepared a final draft of the Bill, noting that its enactment through the Council of Ministers constitutes a major policy decision. However, this draft had not yet been disclosed to the very stakeholders—the bar associations—who have been advocating for such protection.

Arguments: Ensuring Stakeholder Representation

The applicant (Coordination Committee) contended that without access to the draft, they would be unable to provide meaningful representation or offer constructive suggestions on the provisions contained within the proposed law.

The Court observed that the request was limited and essential for the democratic exercise of the rule-making process. By allowing the application, the Court has ensured that the representative bodies of the legal fraternity have a voice in the finalization of the legislation that will directly impact their security and functional independence.

Key Observations from the Bench

The Court emphasized the necessity of transparency in this legislative exercise. In its order, the Bench noted:

> "The limited request of the applicant is that the final draft of Advocate Protection Bill, 2024 be provided to them, so that they get an opportunity to give any representation that they seek to with regard to the provisions thereof."

Furthermore, the Court signaled a need for urgency in the legislative timeline:

> "Let the GNCTD take further expeditious steps, as may be deemed expedient, for enacting the bill."

Judicial Directive and Future Implications

Justice Datta allowed the application, directing the GNCTD to share the draft immediately. This move not only facilitates a collaborative drafting environment but also signals the Court’s intent to keep the legislative process moving forward.

The court has directed the GNCTD to file a fresh status report regarding the progress of the Bill within four weeks. The matter is now slated for further consideration on May 28, 2025.

By forcing the disclosure of this draft, the Delhi High Court has reaffirmed that policy decisions, particularly those involving the professional safeguarding of citizens and officials, benefit from the rigor of diverse input from the stakeholders they intend to serve. As the legal community awaits further developments, the focus now shifts to how the GNCTD incorporates the feedback of the Coordination Committee into the final legislative proposal.