NEW DELHI: Talks related to the safety issues of lawyers and some violent incidents in the courts of the national capital, the president of the Supreme Court Bar Association Adish C. Aggarwala – who is also the president of the International Council of Jurists and chairman of All India Bar Association among a number of other positions he is currently holding apart from being a writer – had a freewheeling conversation with Jaison Wilson about the subject which is currently the talk of the entire legal fraternity. Edited excerpts:
There is a demand for enactment and implementation of the Advocates Protection Act in light of recent violent incidents in Delhi. What is your take on the subject?
Security checking at the entry gate in every court has been intensified. Though two states passed the Advocate Protection Act, it could not become the law. It was referred to the President of India. The entire legal ecosystem, comprising the ‘bar’ and the ‘bench,’ should receive adequate protection for which we need the Central Advocate Protection Act which needs to be implemented by the Centre. Advocates play a crucial role in bringing social change by fighting against injustice and securing justice for the needy. To uphold the integrity of the Constitution and the judiciary system, they have to risk their own life as well as the lives of their family, thus keeping their social obligations at the forefront. So Central law is essential rather than states making decisions separately. If the states need amendments, they can do it accordingly.
How do you see the virtual and physical hearings? Is it a boon or bane?
Earlier, when the video-conference hearing started during the Covid times, there were a lot of difficulties in terms of connectivity and other technicalities. But nowadays I can attend a hearing in Bengaluru or Mumbai while I’m sitting in my Delhi office. Another thing is the client can also observe the proceedings of the court while sitting in a remote area and they will get the update of their case. It even cuts the cost of travelling in many cases. However, it is not implemented fully as it is not available in district courts. My opinion is it has to be implemented well across the country. It will reduce litigation costs and other related costs.
You were recently elected the SCBA president. What are the initiatives you are planning to undertake?
I’m easily approachable to everyone in the fraternity. I have been in contact with the judges and whenever an issue arises I reach out to them. For instance, yesterday there was an issue related to a court complex raised by the Aurangabad Bar Association. Its president informed me that they are on strike because a criminal court was shifted to a far-off place. During the inauguration of a new chamber complex today, I took up the issue with the Chief Justice and was assured that the issue would be resolved.