Gujarat HC Advocates Association condemns manner in which advocates were booked in rape FIR

The Gujarat High Court Advocates Association (GHCAA) has passed a resolution condemning the manner in which a first information report (FIR) was registered against an advocate, his wife (also an advocate) and their junior in a case involving allegations of gang-rape and caste-based abuse.

The resolution, adopted unanimously on August 13, states,

"The Gujarat High Court Advocates Association expresses its serious concern and strongly condemns the manner in which criminal proceedings/F.I.R. have been initiated against Advocate Shri Hitesh Lalithai Gupta, Advocate Smt. Shubhra Hiteshbhai Gupta and one Junior Advocate."

The Association's resolution further underscored that any action against a member of the legal profession must be undertaken strictly in accordance with law, with fairness, due process and complete regard to the dignity and independence of the legal profession.

It also placed on record its solidarity with the three advocates.

"The Association shall stand by its members wherever any action appears to have the effect of undermining the independence, dignity or professional rights of the Bar," the resolution said.

It added that the members of the association have authorised its President, Senior Advocate Yatin Oza, and Office Bearers to make appropriate representations before the concerned authorities and to take such further lawful steps as may be necessary to protect the rights of Bar members.

The initially proposed resolution had clarified that it was not intended to obstruct or interfere with any lawful investigation or judicial proceeding, nor meant to be an expression of opinion on the merits of the allegations. However, this clause was ultimately dropped from the final resolution adopted by the GHCAA.

According to reports, police in Chhota Udepur district recently booked advocate Hitesh Lalithai Gupta, his wife and a junior lawyer in a criminal case after a woman claimed that she had been raped by Gupta and the junior lawyer.

Indian Express reported that the woman had initially approached the lawyers for legal advice, after which she was offered domestic work. She later alleged that Gupta had sexually assaulted her at his office in February. She said that his junior later reached out to her at her village in May and persuaded her to accompany him to a certain location. The complainant alleges that she was sexually assaulted there by both Gupta and his junior. She also claims that the accused issued threats and made caste-based remarks directed towards her.

A meeting was convened on August 13 by the GHCAA to discuss the case, after over 200 members raised concerns over the manner in which the criminal case was registered.

The requisition argued that the issue was not merely a private dispute between individuals. The independence of the legal profession required members to discharge their duties fearlessly, independently and without apprehension of intimidation, harassment or retaliatory action, it added.

It was also noted that several District Bar Associations, including the Baroda Bar Association, Bodeli Bar Association and Ahmedabad District Bar Association, had already expressed support and solidarity with the three accused advocates.

"The proposed action is therefore not confined to an individual grievance but concerns the broader question of protection of the dignity, independence and professional rights of Advocates," the requisition read.

The GHCAA proceeded to pass its resolution, expressing support for the three lawyers and resolving to stand against any action that undermined the independence or dignity of the Bar.

[Read Resolution]