Lawyer Welfare & Protection Bill 2023 Details & Objectives
The Senate on Thursday passed the Lawyers Care and Protection Bill 2023, which aims to ensure the protection of lawyers and ensure their professional independence.
What is Lawyer Welfare & Protection Bill 2023
ISLAMABAD, March 30 (ATTACHED):
The bill, which was presented by Minister of Justice and Justice Azzam Nazir Tarar, will help lawyers provide their services without fear or outside influence, with the ultimate goal of strengthening the administration of justice and the rule of law in the country.
The Minister introduced legislation stating that the legal profession plays a major role in the administration of justice and the protection of human rights, democracy and the rule of law.
On Wednesday, the National Assembly approved the same census law.
Under the bill, the Lawyers Care and Protection Bill 2023 was drafted, which established a mechanism to ensure that lawyers can provide professional services without fear or outside influence to achieve the ultimate goal of administering justice and the rule of law. Law.
This law is also consistent with various resolutions of the United Nations General Assembly and is in line with the Eighth Conference of the United Nations held in September 1900 in Havana, Cuba, adopting the “Basic Principles for the Role of Lawyers,” which states that the government must ensure that the classes can perform all its professional functions without intimidation, hindrance, harassment or undue interference, and when the safety of lawyers is endangered as a result of the performance of their functions, it shall afford them adequate protection by the authorities.
The bill has been developed to achieve the above objectives.
CHAPTER (1) PRELIMINARY
. 1. Short title, extent and commencement.-
(i) This Act shall be called the Lawyers Welfare and Protection Act,2023.
(2) It extends the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions
(1) In this act, unless the context otherwise requires,-
(a) "act of violence" means any act committed by any person against an advocate with the intent to prejudice, affect or derail the process of impartial, fair and fearless conduct of cases before any court, tribunal or authority by which such advocate is engaged and shall include the following:- Jil
(i) harassment, coercion, assault, criminal force or threat impacting the living or"(working conditions of such advocate and preventing him from discharging his duties;
(ii) harm, injury, hurt either grievous or simple, or danger to the life of such advocate, either within the premises of the courts or otherwise;
(iii) coercion by whatsoever means, by any person or authority to reveal or part with privileged communication or materiai which an advocate is bound to hold in confidence under the law;
(iv") coercion by whatsoever means of an advocate not to represent or to rvithdraw his Vakalatnama or appearance to act, plead or appear on behalf of a client trefore any court, tribunal or authority;
(v) loss or damage to any property or documents or material which such advocate is bound to hold under the law; or
("vi) usage of derogatory language during the course of the judicial and quasi-judicial proceedings.
(b) "Advocate" shall have the same meaning as assigned there to in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 19731)
"Bar Council" shall have the same meaning as assigned thereto in the Legal Practil-ioners and Bar Councils Act, 1973 (XXXV of I973)
"Code" means the Code of Criminal Procedure, 1898 (Act No. V of 1898); (e) "Court" means the court notified under section 5 or established under any other law; (0
"Government" means the Federal Government or the Provincial Government, as the case may be; and (e)
"Offence" denotes any act made punishablc under this Act or under any other law for the time being in force; and (h)
"Privileged Communication" shall have the same meaning as given in the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984)
(2) Any expression or words used in this Act but not specifically defined shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) and the Pakistan Penal Code, (Act XLV of 1860).
CHAPTER - II
Offences and Punishments
3. Offences and Punishments.-(1) Whoever commits or abets the
commission of act of violence, except any act of violence covered by sub-clause
(ii) of clause (a) of sub-section (1) of section 2, against an advocate shall be
punishable with imprisonment for a term which may extend to three years or
fine which may extend to hundred thousand rupees or with both.
(2) Whoever, having already been convicted of an offence under this Act
is convicted for the second time for any subsequent offence under this Act,
shall be punished witJ- imprisonment for a term which shall not be less than
one year but which may extend to five years or fine which may extend to two
hundred thousand rupees or with both.
(4)Investigation: Notwithstanding anything contained in the Code or any other law
for the time being in force, every offence committed under this Act shall be
non-bailable, compoundable with permission of the Court and deemed to be
a cognizable offence within the meaning of clause (f) of section 4 of the Code
and the words "cognizable case" as defined in the clause shall be construed
accordingly
Notwithstanding anything contained in any other
law for the time being in force,-
!
(u) any offence committed under this Act shali be investigated
by the police officer not below the rank of an Inspector; and
(b) the investigation of the case registered under this Act shall
be completed within a period of fourteen days from the day
of registration of the case.
5. Establishment of Court.-(l) The Federal Government may, in
consultation with the Chief Justice of the High Court concerned, designate,
throughout the country, as many courts of Additional Sessions Judges or
such other courts, as it may deem necessary to try the offences under this
AcL.
6. Jurisdiction.-Notwithstanding anything contained in the Code or
any other law for the time being in forct'offences committed under this Act
shall be tried by the Court notified under this Act.
7. Trial.-The Court upon taking cognizance of a case under this Act,
shali decide the case expeditiously, preferable within six months and any
adjournment in the case shall be followed by reasons:
Provided that where the trial is not concluded within the stipulated
period of six months, the Court shall record reasons for the same.
8. Joint Trials.-(1) While trying an offence under this Act, the Court
may also try, at the same trial, any other offence with which an accused mery
be charged under the Code, if the offence is connected with such other offence.
(2) Where in the course of trial of an offence under this Act, it is found
that the accused person has also committed another offence under any other
law for the time being in force, the Court may convict an accused for such
other offence and pass sentence authorized by such other law.
9. Privileged comrnunication of advocate.-Notwithstanding
anything contained in aly other law for the time being in force,-
(a) no person, public servant or any authority shall have the
power to arrest, detain, investigate any advocate under any
law for the time being in force to obtain any document,
material or any information from such advocate pertaining
to his professional duties; and
(b) the violation of the ciause (a) shall be deemed as act of
violence within the meaning of section 2.
CHAPTER - III
Welfare OF Advocates
1O. Legal advisory.-Every incorporated company having more than
twenty million paid up capital, autonomous body, corporation or statutory
authority shall have to cngage at least one practicing advocate as legal advisor
on retainer-ship basis, whcreas no advocate shall serve more than three such
entities as legal advisor simultaneously.
11. Provision of health facilities.-The Government shall notify in
rclation to all the Government, and Semi Government hospitals, the right to
every advocate, his spouse and dependent children for medical treatment at
par with tl:.e gazetted Government officer, subject to presentation of their
official cards and verification by the respecLive Bar Councils:
Provided that for the purpose of this section, the parents, minor
children, spouse of the advocate shall aiho be entitled to the same facilities.
12. Financial Facilities.-_All financial institutions shall extend to thc
advocates the provision of financial facilities without discrirnination in any
manner whatsoever, and in case of any violation, on the complaint of
aggricved advocate, the concerned authority shall initiate appropriate action.
13. Shuhada Package,-An advocate who is the victim of any act of
tcrrorism or other aggression while performing his professional duty, whose
assailants are unknown, his family shall be entitled to the Shuhada packagc
as is admissible to gazetted officers in BPS-18 of the Government.
14. Power to make rules.-The Federal Government may make rules
for carrying out the purpose of this Act.
15. Overriding effect.-The provisions of this Act shall have effect
notwithstanding anything to the contrary contained in any iaw for the time
being in force.
I
16. Application of the Code.-The provisions of the Code, to the extent
not inconsistent with anything contained in this Act, shall apply mutatis
mutandis.
17. Removal of difficulties.- Where any difficulty arises in giving effect
to any of the provisions of this Act, the Federal Government may, by
notification in the official Gazette, make such order, not inconsistent with the
provisions of this Act, as may appear to be necessary for the purpose of
removing the difficulty.
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STATEMENT OF OBJECTS AND REASONS
The profession of lawyers plays a pivotal role in the administration
of justice, the defense of human rights, democracy and the rule of law. However,
the recent incidents of assault, criminal force, intimidation and threats caused
to advocates, while they discharge their professional duties, have rcached
alarming heights. This has also resulted in law and order situations and
dcficicncies in rendering professional services by advocates to their clients apart
from causing a deep sense of fear in the minds of advocates.
.F
2. In order to protect advocates from the said assaults, criminal force ,
intimidation and threats, it is necessary to enact a iegislation to protect
advocates while discharging their professional duties. In this regards, a Bill
namely "The Lawyers Welfare and Protection Elll, 2023" has been prepared
wherein, a mechanism has been devised to ensure that the advocates can render
professional services without fear or external influence for the ultimate cause of
the administration of justice and the ruie of law.
3. This law is also in consonance with the various UN General
Assembly Rcsolutions and in line with thc Eighth United Nations Congress held
in September, 199O at Havana, Cuba, where it has adopted the "Basic Principles
on the Role of Lawyers" which provides that the Governments shall ensure that
layers are able to perform all of their professional functions without intimidation,
hindrance, harassment or improper interference and where the security of
lawyers is threatened as a result of discharging their functions, they shall be
adequately safeguarded by the authorities.
4.The subject Bill has been designed to achieve the aforesaid
objectives
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