The Rohini Court incident of shooting has brought a chilling effect to the spine of the legal fraternity. The shootout has alarmed all the court visitors for the security. This is not the first time the court has seen violence in its place. There had been such incidents before. What brings more astonishment is the way this was planned out. The shooter disguising himself in the attire of the lawyer is jaw-dropping. The article is written with the motive to stir out what this incident has as learning.
High court and Supreme court plea
In the wake of this incident, the lawyer has knocked on the doors of the court. Advocates raised a plea in the Delhi High Court in the light of the incident and concerns related to the security in the court. The contentions used by them mentioned the fundamental rights which were being violated. Article 19(1) which grants the right to practice profession stands violated considering the unsafe and threatful ambience of the court. The incidents of Dwarka court, Karkardooma court complex, Saket court were also presented in the arguments.
Even Supreme Court has been brought to question via plea filed by advocate Vishal Tiwari. The Supreme Court plea said that such incidents are a severe threat to the judicial officers and advocates. In the big picture, this blots the whole judicial system with its safety measures. Courts are bound to have criminals, gangsters and wrongdoers as visitors. This makes the place more vulnerable to such violence.
Delhi High Court has issued a notice and directed the police personnel to ensure the safety of District courts. Some other measures such as ID checks on the entry gates, increase in security personnel were instructed.
Who is to be held responsible?
Another question which comes in is who to be held responsible, The Bar Association or the Government. In the case filed titled Deepa Joseph v. The Commissioner of Police & Anr. Advocate Ajayinder Sangwan represented the Bar Council of Delhi and pointed out the steps which will be taken with immediate effect in response to the situation. Advocate Santosh Kumar Tripathi on behalf of the Delhi government upraised the fact that the government also lies with the duty of ensuring safety in the courts.
Advocates Protection Bill
It is important to note that The Bar Council of India introduced the Advocates Protection bill. The bill focused on the issues related to the incidents of threat and harm to the lawyers. This came up after the assault cases against the lawyers increased. The bill needs to take the cases as similar to the Rohini Court. The bill can direct on the mandatory measures to be taken in all levels of courts. The bill has provisions of compensation and allowances. It can be more impactful if the nature of the bill is more precautionary than consequential.
Courts are the most privileged institution in the country. The courts cannot afford such violent incidents to their reputation of ensuring justice and imposing law and order for the conduct of the society. Along with the legal measures and increase in security by police the just trial of the criminals should be kept in mind. Another suggestion that was suggested during the trial was online court sessions for criminals. This solution needs to be thought well to ensure that the criminals are not deprived of free trials. Gang rivalries have become a common scene of Delhi and near regions.
The disrupting peace of the cities is another problem to be dealt with. Such incidents need to be avoided at any public place.