Lawyers in lower courts protest against sections in new law

New Delhi: Thousands of lawyers practising in Delhi’s lower courts Monday stayed away from work to protest certain provisions in the recently-introduced BNS and BNSS.

In a circular released Saturday, All Districts Courts Bar Associations of Delhi (ADCBAD) said specific sections of the new laws are detrimental to the administration of justice and undermine litigants’ interests. It specifically highlighted the provision that allows for the recording of evidence within police stations through VC. The practice, the lawyers argued, could compromise the impartiality of the judicial process.

Later on Monday, the lawyers met the Union home secretary. “The Home Minister assured us the notification would be withdrawn Tuesday morning. Hence, the decision to abstain from work is suspended,” said Dr NC Sharma, advocate, president, Dwarka Courts Bar Association, and spokesperson of coordination.

Senior and Renowned Advocate from (Ghaziabad Bar Association) ,Uttar Pradesh Ajay Kumar Yadav said, “The new laws are a roadmap for curtailing civil liberties and transforming India to a police state. BNS contains several offences overlapping with special laws, which in many cases carry different penalties.  Many lawyers said certain provisions may violate fundamental rights under Articles 19 and Article 21.

Young and Dynamic lawyer from (Deharadun Bar Association), Uttrakhand ‘Advocate Renu Thapa’ said, “SC has held solitary confinement as violative of human rights, but govt has introduced this under the new law. The Act also retains the offence of sedition with a new nomenclature and a more expansive definition of what will constitute acts endangering sovereignty, unity and integrity of India. It is highly likely to allow draconian police powers for political ends.”

The lawyers said under the new provisions, action against SC and HC judges, magistrates, public servants, CAG and other govt officials could be initiated by govt to exert pressure.