Last week Allahabad High Court dismissed a plea stating that directions be issued to the State to introduce an Advocate Protection Act to protect lawyers.
The Bench observed that they are not legally equipped to direct the government for legislation of any enactment.
Ms Sunita Sharma and another person filed the instant petition. They requested the Court to direct the Principal Secretary ( Law and Justice, UP) to introduce the Advocate Protection Act.
While dismissing the plea, the Bench remarked that the petitioners wanted the Court to perform a legislative function, as it’s the legislature’s work.
Case Laws on the issue:-
In the Supreme Court Employees’ Welfare Association vs Union of India, the Apex Court held that a court could not direct the legislature to enact a law. Similarly, in VK Naswa vs Home Secretary, UOI, the Supreme Court remarked that it could not issue directions to the legislature either directly or indirectly.
Title: Sunita Sharma & Anr vs Union of India & Ors
Case No.:PUBLIC INTEREST LITIGATION (PIL) No. 2 of 2021
Date of Order:08.01.2021
Coram: Hon’ble Chief Justice Govind Mathur and Hon’ble Justice Saurabh Shyam Shamshery