2025 (6) TMI 1803

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....mon to question a counsel who is appearing for a party in a given case. The matter arises this way. The petitioner is a practicing Advocate having enrolled in 1997. He regularly appears and practiced before all the Courts across the State of Gujarat. The petitioner is also the President of Vastral Advocates Association in Gujarat. 2. It appears that on 24.06.2024 an agreement was executed between one Parmar Kamleshkumar Amratlal and one Panchal Princekumar Bhavanishankar pertaining to a loan transaction. It further transpires that on 13.02.2025 an FIR bearing No.11191037250276 of 2025 was lodged at Odhav Police Station, Ahmedabad, Gujarat under Sections 296(b) and 351(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 40, 42(a), 42(d) and ....

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....red on 13/02/2025 at Odhav Police Station, vide Odhav Police Station No.111911037250276/2025 as per Section FIR 296(B), 351(3) of B.N.S.S. and as per section 40, 42(A),(D), E), of the Gujarat Money Laundering Act, 2011 per section 3(2)(5) of the Atrocity Act, and, as the accused Princekumar Bhavanishankar Panchai Residing at; A-25, Sundarvan Society, Ahmedabad, and Near accused Nirant Chokdi, Princekumar Vastal son of Bhavanishankar Bhagwanji Panchai, Age: 31 years, Occ: Business, residing at House NO. A-25, Sundavrvan Society, Smarajy Tenement, Opp. Avadh Hospital, Metro Pillar NO..139, Native: Nirant Chokdi, Vastral, Ahmedabad, Vilalge Padra, Ta. Sagwada, Dist. Dungarpur (rajastha), the accused of the complainant Kamieshbha Amratbhal Parm....

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....rtains to a dispute between the complainant and the accused and the petitioner has no connection beyond his role as a lawyer for the accused. According to the learned Counsel, communications between an Advocate and a client which are privileged under Section 132 of the Bhartiya Sakshya Adhiniyam, 2023 (corresponding to Section 126 of the Indian Evidence Act, 1872) cannot be subject-matter of any enquiry under 179 or under any other provisions of BNSS. Learned counsel submits that the Advocates are bound by professional duty to maintain the confidentiality of client communication and advice provided to the client. Mr. S.H. Dave submits that permitting the Investigating Agencies/Prosecuting Agency/Police to summon Advocates who are engaged as....

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....hen an individual has the association with a case only as a lawyer advising the party, could the Investigating Agency/Prosecuting Agency/Police directly summon the lawyer for questioning? (ii) Assuming that the Investigating Agency/Prosecuting Agency/Police has a case that the role of the individual is not merely as a lawyer but something more, even then should they be directly permitted to summon or should judicial oversight be prescribed for those exceptional criterion of cases? 9. Both these issues and such other issues as may arise would have to be addressed on a comprehensive basis because what is at stake is the efficacy of the administration of justice and the capacity of the lawyers to conscientiously and fearlessly disc....