Lawyers Welfare and Protection Act 2023
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Introduction
The Lawyers Welfare and Protection Act 2023 is a crucial legislation aimed at providing security and protection to advocates and legal professionals in Pakistan. The act was enacted in response to the rising incidents of violence against lawyers, which often undermine the fair, impartial, and fearless conduct of legal proceedings before courts, tribunals, and authorities.
Defining Acts of Violence
The act clearly defines “act of violence” as any conduct committed against an advocate with the intent to prejudice, affect, or disrupt the legal process. This includes various forms of harassment, assault, criminal force, threats, harm or injury to the advocate, coercion, property damage, and derogatory language during judicial proceedings. The act also precisely defines the terms “advocate” as per the Legal Practitioners and Bar Councils Act, 1973, and “Bar Council” as per the same Act.
Punishments for Acts of Violence
The act establishes strict punishments for individuals who commit or abet acts of violence against lawyers, with the exception of cases covered by specific clauses. Offenders may face imprisonment for up to three years, a fine of up to PKR 100,000, or both. Repeat offenders may face imprisonment of one to five years, a fine of up to PKR 200,000, or both. These penalties serve as a deterrent against violence and reinforce the importance of respecting and safeguarding legal professionals.
Designated Court and Investigation
The act also establishes a designated court consisting of Additional Sessions Judges or other courts throughout Pakistan to exclusively try offences under this act. The court is empowered to try other offences if they are connected to the offence under this act. The investigation of offences under this act is to be conducted by a police officer of no less than the rank of an Inspector, and the investigation must be completed within 14 days from the date of case registration.
Non-bailable Offences and Expedited Trials
All offences under this act are deemed non-bailable and cognizable under the Code of Criminal Procedure, 1898. The court is mandated to promptly decide cases brought under this act, preferably within six months. Any adjournment in the case must be accompanied by valid reasons, and if the trial extends beyond six months, the court must record the reasons for the delay. These provisions ensure that justice is delivered in a timely manner and discourage unnecessary delays.
Conclusion
The Lawyers Welfare and Protection Act 2023 is a significant milestone in ensuring the safety and security of advocates and legal professionals in Pakistan. By imposing strict punishments for acts of violence against lawyers and establishing a designated court, the act promotes a fair and just legal system. Its enactment creates an environment where legal professionals can carry out their duties without fear, guaranteeing an impartial, fair, and fearless legal process in Pakistan
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