Lawyers can’t be punished for their opinion, says HC
CHENNAI: Legal opinion given by lawyers are advisory in nature, and hence a lawyer cannot be implicated in a case for the opinion, unless he has a role in the offence, the Madras high court has said, coming to the rescue of a lawyer cited as co-accused in a property case.
Justice P Devadas, granting anticipatory bail to Mohamed Anees on Friday, said: "A legal professional cannot be implicated for his honest and bona fide discharge of professional duty. But there is a rider. If he has participated in the commission of an offence, such as conspiracy, common intention and abetment, then he will lose the status of a lawyer, and will have another status - of accused. This principle applies to panel advocates, bank lawyers, chamber lawyers and court lawyers."
The matter relates to a complaint filed by Ramasamy with an anti-land grabbing cell in Coimbatore, alleging that Anees had committed fraud and impersonation while dealing with property documents.
Justice P Devadas, granting anticipatory bail to Mohamed Anees on Friday, said: "A legal professional cannot be implicated for his honest and bona fide discharge of professional duty. But there is a rider. If he has participated in the commission of an offence, such as conspiracy, common intention and abetment, then he will lose the status of a lawyer, and will have another status - of accused. This principle applies to panel advocates, bank lawyers, chamber lawyers and court lawyers."
The matter relates to a complaint filed by Ramasamy with an anti-land grabbing cell in Coimbatore, alleging that Anees had committed fraud and impersonation while dealing with property documents.
http://timesofindia.indiatimes.com/city/chennai/Lawyers-cant-be-punished-for-their-opinion-says-HC/articleshow/46403471.cms
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