Advocate Murari Tiwari, chairman of Disciplinary Committee-Bar Council of Delhi and former chairman of BCD is a veteran lawyer having experience of over three decades and one of the office bearers of the legal fraternity for three consecutive terms in various capacities. He talked to Jaison Wilson about the changing scenario of the city’s law and justice system. Excerpts:
We have seen a rise in security lapses in courts, including shooting incidents. What is your take on this?
The security system in courts is improving, but there is still a need for significant enhancements. Installing detectors at gates and implementing a unified identification system, such as a common identity card issued by the Bar Council, would greatly improve security. We have proposed this idea to the Police Commissioner and are in discussions with the concerned authorities.
What progress has been made on common identity cards?
The proposal has been submitted to the Bar Council and the Police Commissioner. We have also discussed it with the chief of Delhi HC, who supports the idea. However, it has not yet been finalised. We are still working on the details.
There have been cases of violence against lawyers, including a recent murder. How should this be tackled?
After the lawyer’s murder, a plea was moved in Delhi HC regarding the need to enact the Advocates Protection Act. We are working to ensure that the protection is comprehensive. The Bill is almost finalized, and it aims to provide a legal framework to address offences against lawyers. The intention is to discourage any form of violence against lawyers.
Have you observed any patterns behind these crimes against lawyers?
Often, these crimes are influenced by factors such as anger, personal conflicts, and a lack of respect for the legal profession. There have been instances where individuals take legal proceedings personally and resort to violent acts. Such incidents are not limited to Delhi but can occur anywhere. It is important to create an environment where lawyers can carry out their duties without fear.
How do you assess the situation for the middle class when they approach the courts?
In Delhi, the situation is relatively better. The Delhi State Legal Services Authority provides legal aid to those who cannot afford litigation expenses. This ensures that individuals from economically disadvantaged backgrounds receive necessary legal assistance. However, continuous efforts are required to improve the efficiency and accessibility of the judiciary.
There have been concerns about delays in digital courts. Can you elaborate on this issue?
One of the main challenges in digital courts is the recording of evidence. Communication issues arise when witnesses are standing in different locations. While appearances and arguments can be conducted virtually, evidence recording requires improvements in infrastructure and communication.
Do you think there is a rise in serious crime in the city?
There have been incidents of criminal activities, including murders and counter-murders, in certain areas. However, it is important to rely on official crime data and information from law enforcement agencies for accurate insights into crime trends. I would caution against generalizations.
Bar associations have opposed LGBTQ+ petitioners’ plea on same-sex marriage in SC. Can you shed light on the reasons behind this opposition?
It is a complicated subject. As far as the basic things are concerned, there would be many Acts that would require to be amended. The religions and cultural facts are strong reasons behind it.