In a recent decision, the Calcutta High Court refused to entertain a Public Interest Litigation (PIL) seeking to enforce an advocate protection law, leaving the responsibility with the State of West Bengal.
A Bench headed by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya emphasized that the judiciary’s role is to interpret laws, not create them. The Court pointed out that it is up to the State government to legislate, just as Rajasthan did with its Advocates’ Protection Act, 2023.
“This Court cannot legislate and can only interpret the law. It is for the State of West Bengal to introduce or adopt necessary legislation,” the order clarified.
The petition, brought by a not-for-profit organization and a lawyer, sought measures to ensure advocates’ safety in the face of threats, violence, and harassment. They also called for the establishment of a task force or monitoring committee to oversee the implementation of protective measures. Among their demands were the installation of CCTV cameras in crucial areas and a specialized cell for swift action on complaints of intimidation against lawyers.
While the Court denied the plea to step in, it did grant the petitioners the freedom to approach the State for legislative intervention. The State Bar Council of West Bengal was also encouraged to submit its views on the need for advocate protection to the government.
Advocates appearing for the petitioners included Sandip Ray, S Srivastava, Shaondeep Chakraborty, and others, while Deputy Solicitor General Rajdeep Majumder and Advocate Samrat Ghosh represented the Union of India.
