Lawyers can't be punished for their opinion, says HC

Feb 28 2015 : The Times of India (Chennai)

Lawyers can't be punished for their opinion, says HC

Chennai TIMES NEWS NETWORK





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.

R Sankarasubbu, counsel for Anees, however, pointed out that the advocate had merely did documentation work. He examined the documents and discharged his professional duty. He could not be implicated in the case as an accused, Sankarasubbu said.

Concurring with the submissions, Justice Devadas said: “ Lawyers are acting as legal advisors. Their opinion is not binding, as it is advisory in nature. The client may accept it, may not accept it or he may go for further opinion to another lawyer.” The judge said, “there is no convincing incriminating material that he had active participation in the commission of the crime with requisite mens rea (criminal intent) along with the other accused persons.”