Advocates cannot seek exemption or protection from being charged with offences under law, the Bombay High Court said on Thursday. The court was hearing a petition by advocate Nitin Satpute seeking a declaration that sections 353 and 332 of the IPC should not be applicable to advocates and that they are protected from being charged with the offences.
The provisions deal with the offence of obstructing a public servant from doing his duty by using criminal force. A bench of Justices Revati Mohite-Dere and Manjusha Deshpande asked whether such a declaration can be made of creating exceptions for lawyers.
"Advocates cannot get away with anything, law is same for all," the bench said.
In the light of various incidents of violence against advocates, the petition said that the Central government be directed to insert section 353A of the IPC which would make committing crime against advocates a separate offence. On February 2, lawyers had gathered at Azad Maidan in South Mumbai to staging a protest and seeking enactment of the Advocates Protection Act. The protest was also a condemn meeting for the alleged kidnapping and murder of an advocate couple in January this year.
Satpute claimed the lawyers were manhandled and were restricted from leaving the ground by police.
Public Prosecutor Hiten Venegaonkar submitted that there was CCTV footage of the incident which did not show any illegality. He stated that the police barricades were put up to stop them from marching to Mantralaya, which was not permitted.
