Bombay High Court to consider interim safeguards for advocates as protection law put on hold

Even as Telangana last week enforced a law to protect advocates from violence, intimidation, harassment and coercion, Maharashtra is yet to enact similar legislation despite having introduced an Advocates’ Protection Bill.

The Bombay High Court had said in May this year that it would consider whether interim directions are needed to safeguard advocates until such legislation is enacted. The court is hearing a PIL filed by the Kolhapur District Bar Association and others seeking protective measures for over two lakh advocates, claiming that assaults on advocates are on the rise in Maharashtra and need to be curbed.

The PIL was filed after the HC took suo motu cognisance of an incident in which an advocate was allegedly assaulted by a litigant at the Kolhapur district court complex in March this year.

“The issue raised in the present PIL is very important, which concerns assaults on advocates. Notably, many states have passed legislations in view of assaults on advocates, such as the Karnataka Prohibition of Violence Against Advocates Act, 2023 and Telangana Advocates Protection Act, 2026,” the HC noted in its order.

Additional Solicitor General (ASG) Anil Singh, appearing for the Central government, submitted that the proposed legislation is pending before the Law Commission and would take considerable time. Advocate General (AG) Milind Sathe, representing the Maharashtra government, told the court that although the state had introduced the Advocates’ Protection Bill in the Legislative Assembly, it had decided to defer consideration of the legislation as a Bill on the same subject is pending with the Centre.

Senior advocate Rajiv Chavan and advocate Satyavrat Joshi, appointed as amici curiae (friends of court) to assist in the matter, stressed the need to enact a law in Maharashtra and sought appropriate directions or guidelines until such legislation comes into force.

The Bar Council of Maharashtra and Goa (BCMG), which has over two lakh advocates as members, submitted that assaults on advocates affect the administration of justice as they are officers of the court. They argued that the existing provisions of the Bharatiya Nyaya Sanhita are inadequate to address such incidents.

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Chavan submitted a set of suggestive guidelines that could operate until suitable legislation is enacted. These included protecting advocates from threats, intimidation and coercion arising out of their professional duties, safeguards against arbitrary police action, grievance redressal mechanisms at various levels, and expeditious investigation and time-bound action in cases involving assaults on advocates. He also sought measures such as police protection in cases of credible threats, compensation for affected advocates, and sensitisation of police personnel and court staff.

The other suggested measures included the duty of the state and public authorities to enable advocates to discharge their duties freely and without fear, authorities not compelling any advocate to disclose any communication protected by professional privilege, ensuring that no advocate shall be subjected to threats for appearing on behalf of any party, and no victimisation on account of professional conduct.

However, AG Sathe argued that since the proposed central legislation is under consideration by the Law Commission, the court need not issue any directions.

Stating that hearing all parties on the “very important” issue would require considerable time, the bench said it would deliberate on the question of interim safeguards for advocates at the next hearing on June 18.

Recent attacks on advocates in Maharashtra

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March 2026: Advocate Kajal Shelke was allegedly assaulted at the Kolhapur district court complex by a litigant

November 2025: Lawyers demanded implementation of the Advocates’ Protection Act, following an alleged attack on a lawyer in Shevgaon during.

July 2021: Two lawyers were attacked with swords and rods by a mob of around 20 persons in Dahisar (West) during a meeting with clients.

December 2018: Lawyer Lokesh Bhaskar allegedly attacked senior advocate Sadanand Narnawre with an axe outside the Nagpur District Court. Bhaskar later died after consuming poison.

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December 2018: Advocate Gunratna Sadavarte, who represented parties opposing Maratha reservation, was allegedly attacked outside the Bombay High Court after arguing against the quota.