The Bar Council of Punjab and Haryana (BCPH) Tuesday condemned the raids conducted by the National Investigation Agency (NIA) at the residence and office of a woman lawyer in Chandigarh earlier in the day. The lawyers’ body also termed the raids “illegal” and “unjustified”.
A statement by Suvir Sidhu, Chairman of Bar Council of Punjab and Haryana, said, “The Council has been informed about raids been conducted by NIA at the residence-cum-law office of one of our advocates on roll namely Dr Shelly Sharma, a senior practising lawyer at High Court of Punjab and Haryana and District Courts, Chandigarh.”
The statement further read, “Investigating agencies are expected to be fair and operate consistently with constitutional norms, but such raids being conducted by a premier agency, on baseless grounds is reflective of such police excesses. The grounds and manner on/in which these raids were conducted are a matter of grave concern for the entire lawyers’ community in particular and litigants in general. Advocates are protected under special attorney-client privilege and the right of each citizen to pursue his/her legal remedies by engaging a lawyer of choice.”
“The NIA cannot raid a lawyer’s residence-cum-legal office in this manner and look into privileged communication, as has been done in this case whereby phones and other electronic means have been seized. Such raids can only be understood to be purposely designed to intimidate and deter the advocates from pursuing the cases on behalf of accused/victims/convicts,” the statement added.
The BCPH said that it has viewed the “unconscionable condemnable deliberate acts of false intimidation and overreach” against its advocate on roll “very seriously”. The council further requested the director general of NIA to immediately supervise the actions, take due note of the “excess/take appropriate action and restore the rights, dignity and pride of the legal fraternity which has been deeply infringed”.
Meanwhile, the Punjab and Haryana High Court Bar Association passed a resolution Tuesday and termed the raid “wholly impermissible and a direct interference in the judicial process of discharging professional duties by a lawyer”. The bar association also condemned the “unlawful intervention” by NIA.
As per the resolution letter signed by the president of the bar association, Santokhwinder Singh Grewal, and its honorary secretary Vishal Aggarwal, “The NIA cannot raid a lawyer’s residence cum legal office in this manner and seek privilege communication between the lawyer and the client. Such raids tantamount to direct interference in the judicial proceedings and is nothing but a criminal contempt of court.”
The bar association further said that it strongly condemns such deliberate acts of intimidation and overreach against the advocate on roll very seriously. “The executive committee further resolved to abstain from work Tuesday,” said the bar association.
The National Investigation Agency (NIA) Tuesday carried out raids in Punjab, Haryana and Uttar Pradesh in connection with a case registered to probe the “emerging nexus” between terrorists, gangsters and drug smugglers.
The raids were carried out at 50 places, including residences of gangsters, officials said.
