Jahanvi Agarwal
During a hearing on 18th April 2024, the Bombay High Court underscored the principle that “Advocates cannot get away with anything. Law is the same for all”. The Court was addressing a plea urging the Union of India to amend the Indian Penal Code (IPC) to exempt advocates from certain sections.
Advocate Nitin Satpute filed the petition following an incident where lawyers were reportedly manhandled during a protest at Azad Maidan in Mumbai on February 2. The protest was in response to the alleged kidnapping and murder of a couple from Ahmednagar, both practising lawyers, on January 27, 2024, purportedly by a client.
In his plea, Satpute demands action against the police involved in the incident and calls for the enactment of the Advocates Protection Act. He also seeks the inclusion of a new section, Section 353(A), in the IPC to address crimes against advocates.
During the hearing, the division Bench comprising Justices Revati Mohite Dere and Manjusha Deshpande questioned Advocate Vinod Raman for details regarding the incident. The Court highlighted the absence of medical certificates substantiating injuries sustained by the lawyers during the alleged police action. The Bench stressed the importance of evidence to support the reported attacks, acknowledging the right to protest while seeking proof of the claimed assaults.
Chief Public Prosecutor Hiten Venegaonkar, representing the police, referred the CCTV footage indicating no illegality or arbitrariness in the police’s actions. Venegaonkar explained that barricades were set up to prevent lawyers from entering a prohibited area near Mantralaya.
Consequently, the Bench directed Venegaonkar to file an affidavit responding to the plea and adjourned the hearing to May 16.
Case Name: Nitin Satpute v. State of Maharashtra & Ors.
Bench: Justices Revati Mohite Dere and Manjusha Deshpande