The record
Written from the 1 report below. Nothing here is unsourced.
- The Delhi High Court upheld a search and seizure operation conducted by the GST department at a lawyer's office, ruling that advocate-client privilege is not an absolute barrier to investigation.
- The court determined that authorities could proceed after establishing prima facie evidence that the lawyer may have acted beyond their role as a legal advisor in the case under scrutiny.
- Authorities were instructed to handle the seized data with caution to protect unrelated client confidentiality while continuing their investigation.
What to watch next
- Ongoing GST investigation into the advocate's alleged role in the company's affairs
- Compliance with court-ordered data handling procedures to protect third-party client confidentiality
Who said what1
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Anil Khetarpal and Shail Jain
1 quote · 1 outlet
“However, such privilege cannot operate as an absolute bar against an investigation into the conduct of the advocate himself, where the respondents have placed prima facie material indicating that the petitioner may have acted beyond the role of a legal adviser and may have been involved in the affairs under investigation”
In the article
…investigation, the client-advocate privilege can’t come in the way. “There can be no dispute that communications and material protected by advocate-client privilege are entitled to the protection recognised in law. However, such privilege cannot operate as an absolute bar against an investigation into the conduct of the advocate himself, where the respondents have placed prima facie material indicating that the petitioner may have acted beyond the role of a legal adviser and may have been involved in the affairs under investigation ,” a bench of Justices Anil Khetarpal and Shail Jain noted. The court dismissed the lawyer’s plea challenging the search and seizure at his office, observing that the search was carried out after a valid authorisation…
Coverage1
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Named India · IN-DL · Anil Khetarpal · Delhi High Court · GST Department · Shail Jain
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